After the demise of my 2.5 year common law relationship, I had to take her to small claims court in order to hopefully regain my belongings.
I spoke to the clerks at Spring Garden Rd law courts and they informed me as to how to go about doing this. I also did a little investigating of my own while I was there; as we all know you can obtain a lot of information about someone as it is public info; so i checked some records about this ex of mine and much to my SURPRISE it turns out that she’s a con woman well known by the police… especially the fraud department here in HRM…
I could give you readers a list of things that this women had done but I won’t, another time maybe… She is still here in Halifax …Still up to her tricks! Look out guys…
Armed with all this info my goal in small claims was to prove her as the pathological lair that she really is and that her word is worthless…. I thought, this is going to go great, I thought, a ruling in my favor would be a sure bet, not that I’m a gambler but with all of her prior charges and convictions I thought I couldn’t lose… A few of the priors are fraud over false pretense, fraudulently obtaining credit, forgery, probation orders, I even found a Judgment against her for the sum of $176,844. I had all this stuff on her. I made copies and presented them to the judge hearing my case. Certainly you think the by reading these convictions that he would know what type of person he has before him… You would think.
It didn’t start out very well as I was extremely nervous, she was calm as a clam.
To get to my point; she admitted in court under oath, that she had in her possession about 98% of the items that I was seeking… She actually read from the list of items that I presented to the court and said to the judge,” Yes I have this” or ”No I don’t have this”; things like my mountain bike, my kayak and gear, various tools, electronic equipment, etc.
ANYWAY,he said in his ruling that he will not make her return the mentioned items because, get this “I FAILED TO PROVE OWNERSHIP”, so she was allowed to keep all my stuff and ordered to pay me a small sum of money $2040.00. Which it’s up to me to somehow collect it… give me a break she has a judgment against her for $176,844.00; CRA is after her for money (which is why she likes to work for cash) or have monies deposited into a bank account of a “company” that she owns… She was recently ordered to pay back BMO the monies that she defrauded from them. So tell me when do I get my money? Never
Great system eh? She’s the con and yet she’s been given the OK to keep my stuff… and ordered to pay me $2040.00 of which I’ll never see, because I’m towards the bottom of a long list that is getting longer of people like me that will never receive a cent from this woman. I wonder, did he (the judge) actually think that she was going to pay me? I’m sure BMO and CRA will get something from her but not myself… I actually need my money back.—Who cares?
This article appears in Apr 15-21, 2010.
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Proof of ownership? Thats total BS. Who really keeps reciepts of EVERYTHING they buy. Some of the laws are fucked in this place.. Ex. when poeple split up, one partner can go after 50% of the other’s pension. That shit is just plan jane dirty.
You do have to prove ownership, sadly. This is the advantage to being actually married, where the assets are split equally, unless agreed upon differently. Take it as a lesson in life.
possession is 9/10’s of the law… never heard that before?
OP, you have judgement for the cash, a piece of paper that’s going to cost you more money to have enforced. I suggest reporting your judgement to the credit bureau then hire a sheriff to seize an asset. Sometimes you’ve got to seize a lot of stuff to sell to collect your total award. What does a second-hand kayak go for these days?
However, if you want to be really smart and care for your own karma/energy/happiness a little better you’ll burn the judgement document, walk away FOR REAL and forever protect yourself better.
Peace.
did you win? bet not what you wanted, you get hooked and are on the hook. some people make life okay for each other, then we have the fucking super pms’ers. if you have never been shot at, stabbed, had shit beaten over your head, then you are very luckty o.p., i know some who have had this shit happen to them.they were lucky to get away with a bit of their sanity, and themselves left.
Expensive lesson, OP and for your sake I hope you learned it. It’s not the lesson on how some people have a lot of nerve and no heart or even the one about how unjust the justice system operates sometimes. It’s the accepting some personal responsibility for being attracted to and choosing to quickly become seriously involved with a selfish, low life scum bag. Think about it, or you could be doomed to play the victim again.
If you had a lawyer, you would probably have come out better. It certainly worked for me. Secondly if you can prove any of the items are yours, you can retrieve them. Always remember JUDGES MAKE MISTAKES, & other judges can fix them.
See a lawyer, when I went through my divorce, I tried it at first like you did, I was going to be bankrupted. By the time it was over she got the house & the contents ( which I was fine with right from the first)I got the property in the country (she had wanted that sold & profits split) I kept my business 100%, she wanted half she got zip. I didn’t have to pay child support (why should I) I had one child in University in PEI & I was already paying for that & I had another child in Ontario in school there. I also didn’t have to pay alimoney, she was working when we met & was working for over 19years with a Government job.
But the other problem here is that you lived with her 2.5 years. Were these items bought during your relationship? If so, you went to the wrong court. These would be considered matrimonial property. You should have went to Family Court. As to the outcome from that I have no idea. As with any court winnings, the winner has to do the collecting. Now the sherrif can do it, if you pay a fee and know either the other party’s account numbers or where they work for garnishment or in the case of property, where the property is. They will not do the leg work. Winning is the easy part, it’s the collecting that’s a pain.
Bro, you don’t goto small claims for a matrimonial property settlement. These two weren’t married.. yet ANOTHER way to protect yourself. If they had been married that $100k debt could have been 50% the responsibility of the OP. Things could have been much much worse, financially speaking.
kay, your knowledge about Family law is exceptional – not.
Dude, I feel for you. I hate it when those evil twats can’t even be decent enough to give back the stuff they know is yours. I guess that’s why they have periods, because they deserve them…
If she has your kayak and other stuff pay some girls from Preston to beat her with baseball bats or something? Honestly, if someone has your shit, take it back by force!
Bro… if the matrimonial home is worth $10k or less I’ll concede such a settlement could be reached in small claims court but I’m not wrong so STFU. Or maybe you think pre-marriage debt would be exempt from divorce proceedings and asset division but, again, you’d be wrong so, again, STFU. You mention division of items purchased during the course of the relationship as if conhabitation and marriage are the same thing. Guess again! Like the OP said, proof of ownership is everything when it comes to claiming your own property under ANY circumstances.
Bluenoser, your attitude is the thing that’s wrong with MEN today.
sodeypop… your attitude is exactly what’s wrong with PEOPLE today. Think about that.
… and keep your hateful hands to yourself.
Once again she probably played the “Poor me, I am just a poor female trying to make it on my own”. I get a huge kick out of this. Women are all for equality, equal pay etc (as am I) but when they get in front of a judge for a divorce hearing they play the poor defenseless female card and teh judge sucks it up and screws the man.
Bobby, you nailed it right on the noggin.
The “method” of actually acquiring your court settlement in this province is ridiculous. Unless you know where this person works or where they bank you’re screwed. It’s flipping stupid.
How the FUCK does someone get a judgement against themselves for over $180k?
Bobby’s right — she probably played the “poor me” card, but, really…I could see a few grand in collections being a “mistake” (a lot of us have been there), but….when it reaches the 6 figures…bitch is a deadbeat.
Take the bitch to family court. If you were common law you do have some protection and you can likely get half of everything. However, be careful because the bitch can probably come after you for support. Go talk to a family lawyer.
“common law” gets you half of nothing, kitty, which is why proof of ownership is at issue. THIS is the difference between getting married and not getting married. If you’re not married and you have no children there’s nothing for a “family” lawyer to do because there is no “family”, common or not.
this thread is fucking depressing….
Does this girl’s name rhyme with mestiny??
and what is it with all the marriage and divorce threads lately?
is it something going around?
maybe it’s just all I’m seeing….
yeah zZz, it’s like if you own a certain kind of car you see them all the time…but there have been a lot of relationship bitches, perhaps someone could post a random bitch about bike riders or or or
I hate when people say monies.
“sodeypop… your attitude is exactly what’s wrong with PEOPLE today. Think about that.”
Thought about it, and came to the conclusion if someone steals from you and won’t give it back you take it back. Screw going to court, if someone has something you definitely paid for and didn’t give to them, pull up in a pickup with some friends go in and take it.
I agree with you sodeypop. Whos does this OP think he is? Philip Banks?
My point Kay was – Why is she keeping stuff, things she doesn’t seem to want or even need? Give it back, they both get closure and life goes on. Perhaps my statement about women deserving periods was a tad crass, but sometimes when the shoe fits you gotta wear it…
OP: You say your ex admitted she “HAD” your things. Did she also admit “and he bought them and I have no right to them and I am holding them illegally?” Burden of proof biiiitch! Alternative: You go buy a plasma and a throw rug, give me your adress and hey, sweet, all I`ll need is a cute smile and a judge to rob ur ass!
Also, I don`t know how much a kayak/ kayak gear counts as a need. In fact, I think, if you own kayak, kayak gear, mountain bike etc you are sitting much prettier than a lot of people. Maybe selling the roof rack off your wagon or some of your MEC tech gear will help you get that money back…
oh, don’t buy a plasma….
you’re better than that.
one of the problems with your approach, bluenoser, is the whole break and enter thing as well as the what you do when you encounter resistance thing. dig?
Huh? Who mentioned break and enter? All I want is closure, once and for all.