JUDGEMENT ENFORCEMENT
Securing a judgement in Small Claims Court can turn out to be a hollow victory if the judgement cannot be enforced. Your claim is not resolved until the judgement has been enforced.
A judgement is not self-enforcing. Your chances of success in enforcing your judgement will be visibly improved if you have the benefit of understanding the system and how to avoid the common pitfalls, such as incomplete information about the debtor or its whereabouts, and what property is exempted from attachment under the law.
Luminita Ambrono Paralegal gives her clients the insight required to make an informed decision when considering the enforcement options. Luminita is focused on reaching a settlement through negotiations carried directly with the debtor, thus having the judgement satisfied without having to spend additional money to commence enforcement proceedings.
Other ways Luminita Ambrono Paralegal can assist her clients to enforce a judgment include the preparation and service of:
- Garnishment (wages & bank account ) documents
- Liens against the real estate property of personal property (when permitted by law)
- Examination hearing notice – to obtain information about the debtor’s assets, reasons for non-payment and ability to satisfy the judgment
In addition, my paralegal office can assist with enforcement of tribunal orders or judgments obtained in other provinces:
- Enforcement of Tribunal Orders - Tribunal orders such as Landlord and Tenant Board Orders, issued under the Residential Tenancies Act, that are not complied with must be enforced through a civil court of competent jurisdiction. The monetary jurisdiction of LTB is limited to the jurisdiction of the Small Claims Court of $25,000. Time is of essence to enforce your tribunal order. Luminita can help you to take immediate action to processing the filing and enforcement of your Board Order or locate the debtor’s assets, to put you on the right track without delay. Luminita is settlement oriented and has a proven track record to resolve your unpaid order through mediation and negotiation.
- Enforcement of an interprovincial judgment – under the Reciprocal Enforcement of Judgments Act, where the judgment was registered in Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland, Nova Scotia, Nunavut, Prince Edward Island, Saskatchewan, the Northwest Territories and the Yukon Territory, and the debtor relocated in Ontario.
Luminita Ambrono Paralegal’s goal to turn that judgment into cash in her clients’ pocket can be ultimately achieved through team work and good strategy to find the enforcement procedure that best suits the clients’ needs and cost expectations.
MEDIATION & ARBITRATION
Mediation - With a proven record of settlements reached outside the court room and in court, Luminita Ambrono Paralegal has the litigation experience to deal with differences and yet reach a resolution that gives you a practical and efficient way to resolve your disputes.
Mediation is effective and works if conducted effectively and strategically. Your goal determines the strategy to mediation. With that in mind, Luminita’s approach when mitigating a dispute for her clients is focused on reaching:
- a wise agreement
- an effective agreement
- an agreement that will improve or at least not damage your relationship with the opposing side especially when the dispute is between business to business
Arbitration - Arbitration is an alternative dispute resolution process where you and the opposing party meet with an arbitrator to resolve your legal issues without going to court. Arbitration is voluntary and must follow the due process. The process of arbitration can be very similar to court. The arbitrator's decision is final. The arbitration agreement may provide for, or limit appeals in accordance with the arbitration agreement or Arbitration Act,1991. While arbitration is mostly used in settling family disputes, it is not uncommon to resolve a contract dispute through arbitration if the contract allows. If Arbitration applies to a dispute, Luminita Ambrono Paralegal will work with her clients to identify: the arbitration agreement that suits the client’s needs and how the law applies to a dispute.
PUBLIC RECORD SEARCHES
Luminita Ambrono Paralegal can assist her clients with public record searches to identify the proper legal name of the parties involved in a legal action or to locate a debtor’s assets for enforcement of judgment purposes. If you don’t do your due diligence to confirm the legal name and status of a party named in a legal action or the available assets, you are exposing yourself to troubles down the road and in some cases to obtaining an unenforceable judgment. Public record searches include driving license searches, reverse phone searches, and other mechanisms to locate a debtor. Critical information is critical for an effective litigation and enforcement of a judgment or tribunal order.