Monday, October 25, 2021

Chronicles of Twatrick: Garnishment edition, and fun with math.

It is unlikely that there will be any exciting, breaking news related to Lloydminster's Patrick "Writer Actor Director Author The Whole Fucking Threat" Ross for the next month or two as the Saskatchewan Sheriffs work their way down to our filing in their INBOX, but it behooves us to do the math to see what will happen when my inevitable garnishment order kicks in.

From the current version of Saskatchewan's "Enforcement of Money Judgments Regulations," we can see the effect of garnishment on Patrick's typically meagre income from the string of menial jobs he's had:



So what does this mean in terms of the effect it will have on Lord Baron Twatrick? Well, let's run the numbers.

What is "exempt from seizure" is simply the amount per month that Patrick will be allowed to keep, the rest going to his primary (and only) creditor: me. And how much will be that be?

First, note that there are two alternatives, the exemption amount being the greater of the two choices above, that greater amount being $1,500 when one's income is low. What this means is that no matter how destitute you are and how little you bring home, you get to keep that first $1,500. So if Patrick nets $1,500 or less per month, he gets to keep it all. Every penny. And while that might seem cause for celebration on Patrick's part, it has one ugly consequence: He will never, ever, ever, ever, ever, ever get out of bankruptcy.

Ever.

If Patrick makes so little every month that his entire take-home pay is exempt from seizure, then he is paying off precisely none of what he owes me, an amount that is now increasing due to accruing interest at just under $500/month. So that's not good for Patrick. But let us continue.

If we imagine Patrick nets, say, $1,600 per month, what happens? Simple: He still gets to keep his $1,500 per month, but must now turn over the surplus $100 to me. Every month. And once again, while Patrick might crow about how this is screwing me over, we once again note that, under this repayment scheme, he will be an undischarged bankrupt for the rest of his life.

$2,000 per month? Easy -- Patrick keeps his $1,500 and I get the remaining $500. And Patrick is barely covering the interest on his debt to me and, again, lifetime undischarged bankrupt. This is not looking good for Lord Baron Twatrick von Loadenhosen, is it? So how does Patrick get out of this?

Well, if you check the formulae above, there is a tipping point where Patrick gets to keep more than $1,500 per month, and that is when 70 per cent of his take-home pay exceeds $1,500, and that happens with a net monthly income of $2,143.00; with that monthly net, Patrick still keeps his $1,500, while I get the remaining $643, and it is at that point where any further monthly income on Patrick's part means he can finally keep a little bit more.

For example, say Patrick (through some miraculous fluke of the universe) finds work where his monthly net is $2,500. At that amount (again, at any amount over $2,143.00), formula a) above is used, which means that Patrick gets to keep 70 per cent of that -- $1,750 -- while I get the remaining $750.

$3,000? Patrick gets to keep $2,100, and I get the surplus $900. And so on, and so on, and so on. So if Patrick nets more, he gets to keep more, while I of course will always get to seize more. But the ugly downside for Patrick here is always waiting in the wings: what he owes me is relentlessly increasing by almost $500 per month, so even if I am collecting from him, unless he gets a spectacularly well-paying gig somewhere, he is barely covering that accruing interest. Oh, and it is worth pointing out that what Patrick is allowed to keep per month covers all possible sources of income for him combined, so there are no loopholes there. Getting multiple jobs will make no difference.

Finally, it's worth mentioning what happens if Patrick has a sudden property-related windfall, such as inherited house or farmland; as you might guess, there is zero chance Patrick would be allowed to keep that.

In the end, given all of the above and Patrick's history of unskilled, low-wage employment, it's almost a certainty that Patrick will be allowed to hang onto $2,000, maybe a bit more per month, depending on how lucky he is in convincing someone to pay him a decent salary. But that means that he will never, ever, ever, ever have any nice stuff. No nice new car, no house of his own ... nothing. At best, Patrick might be able to find a crappy one-bedroom apartment and continue driving his Ford Escape from one menial Northern Alberta contract to the next, all the while watching his employer send a sizable chunk of his paycheque to me month after month, for years to come.

Have I missed anything?

P.S. I have been reliably informed that the automatic $1,500 per month that is exempt from seizure is based on the (reasonable) assumption that a debtor needs a minimal net income to simply survive, which might constitute paying for rent, utilities, food, vehicle upkeep and so on. But I have also been informed that, in unusual circumstances, it is possible to petition the court to lower that exemption if it can be shown that a debtor does not have those typical expenses. That is, by arguing that Patrick lives at home and contributes nothing to household expenses, the Court can be convinced to let him keep only, say, $500 per month. (And handing to the Court photographic evidence of his eating habits showing a regular diet of $21 restaurant burgers is not going to help his case.)

It's an interesting possibility and I'll keep it in mind, but I'm not going to obsess over it.

25 comments:

Anonymous said...

It's almost better for you if Patrick just drags this out for a few more years until his father dies, then seize the house. If you don't need the money right now, getting a 5% return on what Patrick owes you is actually pretty good, so just let it keep accumulating until you can take it all. A lot of people have investments that don't make anywhere near 5%, while you're GUARANTEED that return. Take advantage of it.

RossOwesDay said...

This is fascinating, Cynic.

Do you know what the tax situation would be for Twatrick once garnishment starts? Would his payments to you be tax-deductible?

CC said...

ROD: You mean could Patrick deduct his payments to me on his income tax? As I understand it, no. His filings would be based simply on his net income. Put another way, there is no financial benefit to Patrick in having any of his income garnished when it comes to filing his tax return.

CC said...

ROD: On further contemplation, I actually have no idea how this will affect Patrick's tax situation. It seems pretty clear that, if Patrick has employment, there will be a gross amount, then - after standard deductions - a net amount and, based on that value being above a given threshold, a certain amount will be further deducted from Patrick's paycheque and sent to me.

How Patrick reconciles that when it comes to filing his income tax does not interest me.

MgS said...

IF he's working as a contractor, he could try to run the amount garnisheed through his books as a business expense. I'm not sure the CRA would be overly impressed with that, but I suppose it's possible. (and I do suppose that Patrick would be stupid enough to try)

CC said...

MgS: Patrick is welcome to try to play games with CRA, but as I see it, that would have no effect on what I'm allowed to take. Even as a contractor, it would seem that his employer would have a gross amount for Patrick, followed by the net amount after standard deductions, and my cut is based on that, and that alone.

If Patrick then wants to try to declare what was garnished as a business expense to reduce his taxable income, it seems that he would have to do that *after* the above, and what he wants to do at that point is of no concern to me, as long as I get my cut.

MgS said...

The only way it potentially affects you is if the CRA takes a real close look at Patrick's books and then hauls him into the tax courts. Then there are competing claims against his bank accounts. You still get your cut of things via the garnishee, but his world just gets orders of magnitude more complicated when it comes to basics when both you and the CRA have claims on his assets.

... and if he thinks being a smartass with you has been a rough ride the last ten years or so, I don't think he has a clue what 10 years of CRA scrutiny will look like.

CC said...

MgS: I am not a tax lawyer so I really can't say one way or the other, but if Patrick tries to screw *me* over by playing games with Canada Revenue Agency, that would represent a whole new level of stupid, even for *that* boy.

RogueNerdOne said...

Morning folks,

Meeting with my lawyer at 2pm today to talk about what we're doing. My lawyer is going to court this morning to officially inform them of his bankruptcy status, and if I understood the conversation we briefly had after he read the SoC, we may not have to do anything further. I may not have to defend it at all.

He says we're going to do as little as possible because even if I'm awarded costs, there's a bulldozer in front of me named Robert Day that owns Patrick for the foreseeable future. I would likely die before ever seeing a penny of those costs. Today could be very interesting, because Patrick obviously knows his status, and he knows for a fact he had to inform them. He's posted tweets showing he *thinks* he's found a loophole to get by, but he still had to inform them.

The lawyer explained as best he could Patrick's situation, and honestly I can't believe he's messed up his life as he has. He's said the only thing Patrick could do to further harm himself would be to get criminally charged. Coupled with all his other issues, he may not be able to travel internationally.

Patrick could be refused entry to many countries based on their morality laws. Canada could refuse to issue him a passport based on his conduct and our morality clauses. It's happened to Justin Bieber..

If Patrick didn't bring this upon himself, I'd feel sorry for him. How does one try to have a relationship with a partner with the financial mess he brings? He couldn't be added to any financing, leasing paperwork because it would instantly be turned down. Then it's how he dishonestly engages with people. I wouldn't put it past him to never meantion his issues until there's no way to avoid it. Just look at his most recent arguement on his @DragonFireIdeas account over second assists in the NHL.

Also, $1500 is not a lot of money. I spent that this weekend alone getting winter coats for everyone.

Oh and his @Outlawtory account isn't suspended. If it was, it'd say so. He could be in twitmo, but even that should have expired by now. He's not using it I believe to avoid people talking to him about his case, or lack of one.

CC said...

Not like I need to pile on, but I had a phone chat about an hour ago with an agent at Canada's Office of the Superintendent of Bankruptcy (OSB), and explained the current activities of one of their trustee-less, undischarged bankrupts. She listened somewhat aghast at my relating of Patrick's latest shenanigans, then took my contact info and said all of this would be relayed up the chain of command to her supervisor, who she assured me would get back to me by end of week.

More than that, I should not say, but the upshot is that the OSB might be having a very stern chat with Patrick about his ongoing obligations under the bankruptcy regime.

I'll keep you posted.

CC said...

RogueNerdOne: To expand on something you wrote, given Patrick's history, it's unlikely that he will ever get a job above menial labour. Anything above that would normally require a credit check, and criminal background check, if not more, and you typically have to pass all of those to get bonded, or be given any responsibility involving handling money or managing finances.

Given Patrick's appalling history, I can't imagine any business putting him in any position of responsibility, or possibly any position at all. Given all the *honest* people out there trying to get work, why would anyone take a chance on Patrick, other than as someone to stock shelves or deliver groceries?

RossOwesDay said...

RogueNerdOne: Seriously, go for the neck here. 1) It will be fun for you to be a creditor of Twatrick; 2) When Cynic repossesses the Ross family farm and/or house in Lloydminster, you will get your cut from those valuable assets.

I know it's hard to imagine given Twatrick's patheticness, but he has substantial assets due to his family.

RogueNerdOne said...

One thing I don't think many have considered is, the company Patrick is currently working for could terminate him because of having to comply with garnishee orders.

I remember years ago when my brother got behind on child support payments, or hadn't updated his financials, something to that effect, the company he worked at for 14 years terminated them under their clause of bringing reputation harm to the business. It was all legal as well.

The reason he was fired was he didn't inform the company this was coming down the pipe, and when it did hit, they felt he wasn't honest with them.

I hope Patrick informs his employer this is impending. If not, he'll have less than $1500/month to live on.

As I said in my previous message when my lawyer told me Patrick's situation in terms of real life consequences, I was dumbfounded anyone would let their life slip to this point. I was even more dumbfounded that his family allowed this to happen. When my brother was in trouble, I gave my Mom the money to give to my brother (we don't speak much) so he could get out from under everything and get his job back, which he did.

I highly recommend anyone talk to a bankruptcy lawyer on the basis of a free consultation to understand how truly crippled Patrick's life already is and how it's about to get worse. A lot worse.

CC said...

RogueNerdOne: Actually, I'm not sure it's legal to fire someone because of a garnishment order. Such an order is strictly between the company and the garnishee, and is not meant to be public information. So, technically, as long as Patrick is doing his job, what the company pays out doesn't change, they just send some of it to me.

But this is all from memory.

CC said...

RNO: Here's the law [https://www.bankruptcy-canada.ca/wagegarnishment]:

"Do Employers Have to Comply With Wage Garnishment?

"Employers must comply with an order for wage garnishment in Canada and duly follow the process as stated in the official notice. In addition, by law, they cannot fire, suspend, or penalize any employee for wage garnishment."

But nothing says people can't talk.

MgS said...

@RogueNerdOne, @CC:

Don't forget that employment law in Alberta is as close to "At Will Employment" as you get in Canada. A company can pretty much decide to terminate Patrick because they don't like the way he cuts his hair ... I haven't looked too closely at the most recent round of amendments to labour law that KenneyGov slammed through last sitting, but I suspect it shifted the balance of power even further in favour of employers doing whatever they like.

A wage garnishment demand could well be the justification for terminating his employment - although they might not say it in so many words.

CC said...

MgS: It would be hilarious if Patrick got canned, and fought back by claiming that as a worker, he had rights. Patrick has always been a "Fuck freeloading socialists" kind of guy, and has argued against even a moderate living wage -- his attitude has always been, "If you don't like your job, leave and find another one."

So it would be more than a little amusing for him to start yammering on about workers' right or some such thing.

Anonymous said...

I still don't understand why no one in Patrick's family has intervened to get him some help. If their own property is at risk of being seized, why don't they just sit Patrick down and tell him to stop being such an asshole online and to act like a grown-up? It's unbelievable that not one of them seems to care about how Patrick ends up.

RogueNerdOne said...

@MgS:

When my brother faced issues, he wasn't let go for the garnishee. They wrote him up for something he apparently said while on a job site and felt it was bad enough to terminate him. Oddly, once he talked to his boss showing the garnish was taken care of, they hired him back as if nothing happened.

In Alberta, Jason Kenney has made it so employers can fire you if they don't like your haircut. It's silly what I hear people getting terminated for these days.

While they wouldn't tell Patrick that's what he was being fired for, they could certain be creative in how they handle it. Sad, but true.

Patrick's life is so messed up, I feel like I should give him the opportunity to kill this suit before he gets in some real trouble. This isn't something he can win, or ultimately argue. All that can come from this is bad news for him.

Is he really so self destructive that he would ignore some help? In all honesty, I don't want to further complicate his life. While he puts on a pleasant front on social media, the financial stranglehold you have on him must have stress implications.

It maybe a fact he's a undischarged bankrupt, but now that I truly understand what that means, I won't be making jokes about it. I couldn't live his life, and if you can't walk in a man's shoes, you shouldn't mock them for it.

Maybe it's the parent in me and he's younger than I, but I'd feel truly horrible if he ever did something to himself over all this. I'll do whatever I have to do be rid of this lawsuit, but after that, Patrick's world and mine will never collide again. I laughed at a video. That's how this started up again.

Everything him and I have been through, understanding his situation, even knowing it's self inflicted, I'd usually help a person in his shoes instead of what I'm likely going to have to do to make him go away.

I've thought about this all weekend since my lawyer and I chatted. Somehow, I have some empathy towards him and by all measures I shouldn't.

Damn I hate being human.

MgS said...

@RogueNerdOne:

Fair points all around - I'm not sure it's "wishing ill on someone" to point out that an employer might well choose to terminate him when the garnishment order arrives - that wasn't where I was headed with that. The guy's busy careening his life off a cliff, and I honestly don't think he even realizes what he's doing.

Of course, it comes as no big surprise to me that he decided to go full TERF on his "DragonFireIdeas" account in the wake of Atwood's recent actions ... that doesn't earn him any brownie points from my side of the street, that's for sure. But on that subject, his depth of knowledge doesn't even reach that of a finger bowl.

RogueNerdOne said...

@MgS:

I wasn't suggesting you were "wishing ill on him", far from it.

My main point was after finding out what it truly means to be an undischarged bankrupt, and stuck there because of no trustee, I personally felt like an asshole making fun of his situation.

After making an offer to Patrick to withdraw his suit so he further doesn't complicate his life, and his resulting answer, I no longer feel as such. So I begged him to talk to a lawyer.

After speaking with my lawyer yesterday and showing him the exchange where Patrick insists on speaking to him, my lawyer said due to Patrick's history, he won't be speaking with Patrick directly.

As he put it: "Why bill you $500 for a conversation with a man who's filed an action he can't legally argue, shouldn't have been able to file, and has severe inaccuracies in his filing that's already proven to be false? This is one man's attempt to manufacture attention for himself. Mr. Ross is more concerned with your number of Twitter followers than proof reading his documents. Why would I negotiate a settlement for an action you won't have to defend? Mr. Ross needs to seek counsel."

We're waiting until November 3, 2021 to file our response. Yesterday, my lawyer went to the courthouse and informed the clerk of the court of Patrick's bankruptcy status and asked if someone would be able to put this file in front of a judge to see they'll allow it to continue without filing a response. Because he was already at the courthouse on another matter, he didn't bill me for "having a conversation with his favorite clerk". We should be notified in the next few days of the result. Patrick will also receive notification.

Ultimately, his goal is to kill this without having to formally reply. We shouldn't have to because he doesn't have leave from the court to file such action.

MgS said...

*Sigh*

Patrick continues to demonstrate that he's not as clever as he likes to think he is.

The good news is that his suit won't go anywhere. If you decide to pursue a vexatious litigant claim, you may well be doing the rest of the world a favour.

Watching his antics on Twitter the last couple of days has been ... depressingly awful.

RogueNerdOne said...

I think Patrick's not using his @Outlawtory account because so many people were making comments about his history with Robert, and the level of stupidity he is showing. Now he is doing the _exact_ same stupidity with @DragonFireIdeas.

I offered him a way out, he declined, so as I told him I will not be held responsible for anything that happens in his life because of his unwillingness to simply seek legal counsel for *once*.

My lawyer believes this whole action is to drive attention to his YouTube channel/podcast and to try and kill my follower count. He has mentioned it eleven times since September 30. This is what occupies his time... he is depressingly awful.

CC said...

RogueNerdOne: I don't think Patrick is avoiding his OT account just because he's getting such mockery there. Take it from someone with experience with Patrick for many years -- he's explicitly avoiding it because he can see he's being tagged with claims that he is not eligible to file that lawsuit against you, and as long as he refuses to respond there, he will later claim that he was totally unaware and he never read it and he had no idea.

Take my word for it -- he's doing this so he can have plausible deniability down the line. I'm used to this; he's done it with me for years.

RogueNerdOne said...

@CC: Then that means I must start tagging his @DragonFireIdeas account.

Since he wants to quote tweet me all the time, it is fair game. I give it 4 hours from now, and he will have blocked me so I cannot. He absolutely reads your blog daily. He has proven that recently.

I do not have him blocked on any account except my @EdmontonTek account because I do not want his filth on my business' TL. He filed an action against my company, yet it has done nothing wrong. The only reason it is involved here is because Patrick used my company email address when he filled out the form on Tick Tock Tech. He even called Tick Tock Tech and lied about what I was saying, making it seem I was alleging they had done something wrong. They have not.

It further proves Patrick penchant for dishonestly engaging with people. Thanks for the heads up.