I have a final court judgment small claims in Quebec and the debtor moved to Nanaimo in BC, what should I do to get the

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Customer: Hello I have a final court judgment small claims in Quebec and the debtor moved to Nanaimo in BC, what should I do to get the money back? as per debtor the judgment is not valid there
JA: Have you talked to a Quebec lawyer about this?
Customer: not a quebec one I talked to a Bailiff and he said he would need the originals of a BC registered court order for seizure and sale for a BC Court Bailiff to proceed
JA: What steps have you taken so far?
Customer: none
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I dont know
Answered by ToLawyer in 5 mins 7 months ago
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ToLawyer, Expert

Welcome and thank you for choosing Just Answer, an independent paid Q&A service! My name is***** am a lawyer in Canada and would be happy to assist you.

Please be advised that I am working from my computer and may not always be available immediately. Rest assured, I will get to your response as fast as I am able.

Customer
Hello I have to register my judgment from Quebec in BC also get the originals of a BC registered court order for seizure and sale for a BC Court Bailiff to proceed
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ToLawyer, Expert

Hi there, you will need to convert your judgement to BC judgement, which actually takes additional money and time. How much is the judgement.

Customer
I will send to you one moment please it is small claims around 2800
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ToLawyer, Expert

Do you have this person's bank information to garnish?

Customer
no I dont have, I just found he opened a business last year and his position is director and according to his facebook page he works in a company in nanaimo as security
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ToLawyer, Expert

I see, unfortuantly, you will need to start another lawsuit against him in BC, to convert this order.

Customer
how could we get the bank information it is personal?
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ToLawyer, Expert

Normally, if he has ever paid you in cheque, you will know where he banks.

Customer
you mean I have to start small claims in bc?
Customer
I am the one who transfer this money to buy a boat ( but it was etransfer by email) and he sold it to another person and never gave me the money back
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ToLawyer, Expert

Yes, how long ago did this happen?

Customer
we transferred the money last year February, abril it was time to get the boat we did inspection and didnt pass so before we say to him the inspection didnt pass he has sold the boat to another person and he promised to give the money back and he was just postponing saying next week and the other week then he moved to BCand said what happens in quebec stays in quebec
Customer
a kind of swindler right?
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ToLawyer, Expert

Yes, you were swindled. However, what happens in quebec does not just stay in quebec. You can sue him again in BC, and covert your quebec judgement to a BC judgement.

It just depends on how much effort and time you want to spend chasing this guy. You may potentially spend more than you can collect.

Customer
all the money spent will be not claimed for him to pay right?
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ToLawyer, Expert

In small claims court, it will be minimal recovery for money spent.

Customer
my question is how far can I go to avoid lawyers fees, I mean what I can do myself before taking more steps with professionals
Customer
Can I register myself the judgment, like I started the small claims here in quebec? and after that what can I do?
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ToLawyer, Expert

No, you need to file a claim in BC, and ask the court to basically apply the same judgement in BC as you have obtained in QC. You cannot register a QC judgement in BC, it needs to be recognized by the court first.

Customer
ok so can I do this from far? or I have to go there?
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ToLawyer, Expert

You may be able to attend over zoom, covid procedures has made it so that online court hearings and filings are possible. However, the service of the claim will still need to be in person, and you may need to hire a process server.

Customer
what is a process server? a Bailiff?
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ToLawyer, Expert

No, a process server is the individual that hands the document over to the other litigant for service.

Customer
this system helps people to be dishonest and keep doing this to others, it is sad.
Customer
Thank you for your time, I understand it is a loss.
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ToLawyer, Expert

You are very welcome. Sorry I do not have a more optimistic answer for you. Does that answer your questions today?

Customer
thank you
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ToLawyer, Expert

You are welcome.

I understand legal issues may be frustrating, but I hope I was able to provide a little clarity here.

Thank you for trusting us here at JustAnswer. If you have a new question in the future and would like to engage me again, please do not hesitate to request for me directly by going to https://www.justanswer.com/law/expert-jc222/?rpt=3800 and typing - "This is only for JC" and I will get to you as soon as possible!

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