Thursday, October 21, 2021

Chronicles of Twatrick: Hammer to Fall, Part Deux.

I'm sure you're getting tired of reading of the ongoing Perils of Patrick, but I would be most remiss in not laying out the numbers in play related to the imminent collection proceedings against Lloydminster's Patrick "Quintuple Threat Dragon Fire Thunderbolt Kid Cash Nexus of Assholery MMA Cosplay Street Fighter" Ross.

From Form G of the enforcement instructions to be delivered/filed with the Saskatchewan sheriffs (ideally later today):

It is worth noting that the amount listed here does not include several thousand dollars in cost awards against Patrick from years back that have already been filed as an earlier collection but have been waiting to be bundled with this subsequent filing, so the total to be forcibly extracted from Patrick is several thousand more than you see here.

Also note the brand new post judgment interest rate of 5%, up from the earlier 2%, which means the amount Patrick owes me is now increasing by $5,204.50 every year.

I have already advised my legal representation that all of the docs look good, and can be filed at her earliest convenience.

In case you were interested.

P.S. It may be of some minor interest as to what we are asking for:

So, yes, if Patrick is suddenly a lot quieter in a month or three, well, he's probably a bit busy.

P.P.S. It is not clear what the total bill for all of this will be related to Sheriff's fees for collection enforcement, but there is an initial required deposit of $750, which will be charged to me but will also be added to Patrick's tab.

There are also various hourly rates charged by the Sheriffs for things like producing reports, undertaking investigations, transportation costs, actual seizing of property and so forth; again, charged to me but simultaneously added to Patrick's bill as well. In other words, in the end, Patrick will end up paying for the entirety of the enforcement proceedings against him.

Irony, no?

P.P.P.S. Oh, one more thing. It's worth appreciating that, once the collection process starts, I will have eyes on whatever bank accounts Patrick has, so if he has a job that involves direct deposit of his paycheque, well, I'll be taking that. More to the point, it means that any transfers of funds to Patrick's bank account will be mine to seize. And why is this important? I'm glad you asked.

There's little doubt that Patrick has been subsidized by members of his family, probably via electronic transfer of funds. But now that I'll be waiting for any such transfers, really, their only option to help him out will be handing over cash under the table. And while they might be willing to go along with that for a while, there's no way you can do that month after month or year after year without eventually slipping up.

To pull that off will require constant work on the part of Patrick's family, and one wonders at what point those family members will have had enough of the inconvenience and deception and possible risk to their own financial reporting, and tell Patrick he's on his own.

I guess we're going to find out.

P.P.P.P.S. Man, this never ends, does it? At this point, yes, I would like to know where Patrick is working these days, if anyone knows. It's common knowledge that it is in the vicinity of Grande Prairie, AB, but I know nothing more than that. Having that information means I can tell the Saskatchewan Sheriffs' collection task force where to send the garnishment order.

If I can't supply that information, the Sheriffs predictably have ways of figuring it out, but that is billable time on their part, and whatever it costs will (as above) be added to Patrick's bill.

EVEN MORE: Even though we haven't delivered the collection order to the Sheriffs for enforcement yet, the judgment has in fact been registered with the Saskatchewan Judgment Registry. What this means is that anyone who wishes can pay a small fee, then search the registry by name, at which point they will be informed of my substantial judgment against Patrick. I'm not sure what this means in terms of the consequences of someone running a credit check on Patrick or anything of the sort, but it does mean that the fact I have a judgment against him is now publicly available information for anyone willing to hand over ten bucks to do the search.

IF PATRICK REFUSES TO CO-OPERATE: Knowing Patrick, he will of course be as unco-operative as possible, which will lead into the various possibilities of compelling his co-operation, which are (as I understand it):

  1. Serve Patrick with a Voluntary Questionnaire from the Sheriff
  2. If Patrick refuses to fill that out, follow that up with a Mandatory Questionnaire, also from the Sheriff
  3. If Patrick still refuses to co-operate, the Sheriff can issue a Notice for an Appointment for Examination so we can examine Patrick under oath.

Again, all of the above will be done at Patrick's expense.


Anonymous said...

Once the collection process starts, how can Patrick keep working at a job way the hell out in Grande Prairie? If he lives in Lloyd, then he has to be staying at a hotel, or a hostel, or something, but it has to cost money. And he has to eat, and put gas in his truck, etc, etc. So how does he do all that if you're taking all his stuff?

CC said...

Anon: I actually don't know how that would work. Typically, any garnishment order allows someone to keep at least *some* of their income, but if Patrick's job furnishes him with room and board, I could probably argue he should be allowed to keep even less.

I will let the Sheriffs take it from here.

Anonymous said...

In all this time, Patrick has never offered to sit down and discuss settling? That seems nuts.

CC said...

Anon 2: I have, on a number of occasions, tried to engage in a discussion of a settlement, and have made a number of extremely favourable offers to Patrick and/or his father. In every case, I have basically been told to piss off, which is why I have simply given up making any more offers and have gone directly to enforcement proceedings.

RossOwesDay said...

Cynic, you truly deserve the Order of Canada for this annihilation of Patrick Ross. When you finally start taking Patrick's money, you deserve some very expensive gin!

Anonymous said...

And let's not forget that he faces possible criminal charges for filing a meritless Statement of Claim against Peter Skinner, while concealing his status as an undischarged bankrupt.

Random person: "No one can fuck up their life as much as I did."

Patrick Ross: "Hold my beer."

MgS said...

Apparently in SK, garnishment of wages means that the person has to be left $1500 / mo ... After he pays for his hotel room, that's going to be a lot of KD he's eating.

"In Saskatchewan, the legislation only requires that the debtor be left with $1,500.00 per month, plus $300.00 per month for every dependent in their care. Employment income above these amounts can be garnisheed in its entirety"


CC said...

MgS: Yes, I'm predictably familiar with the garnishment rules in Saskatchewan, and that personal exemption of $1,500 per month has a couple interesting properties.

First, it's not clear how Patrick is paying for his living expenses while living away from home. However, if it turns out that his employer furnishes free room and board as part of the contract, I would argue that Patrick should have a much lower exemption amount. The whole point of leaving someone with a minimum amount per month is to make sure they can still survive, and it assumes they need some of that to pay for, say, rent and food and so on. However, if they're already being provided with that free of charge, it seems they should be allowed to keep significantly less. That is an argument I would be prepared to make.

More significantly, even if Patrick got the full $1,500 exemption, I'm sure he'd be crowing about how he's still screwing me over by getting to keep that much. But if he's netting, say, $2,000 per month, and therefore has to pay me only $500 per month, that means only that will never, ever, ever, ever, ever, ever get out of bankruptcy, because that amount barely covers the relentlessly accruing interest.

We'll see how it all shakes out once collection starts.

MgS said...

@CC: Then he better hope that the initial seizure of assets amounts to enough to knock the amount outstanding down to a place where the accumulating interest is growing at a rate less than whatever $ amount is being collected.

He better be damned good at whatever job he's doing too - because in Alberta, there's nothing compelling an employer to keep you on if you're suddenly making their life difficult in other areas ... like complicating their payroll processing ...

CC said...

MgS: I was just about to post that, regarding that $1,500 per month exemption, a simpler argument is that, normally, Patrick lives at home, and if he's not paying rent or utilities or any part of the grocery bill, once again, his exemption should be reduced significantly.

Anonymous said...

Given the mullet, I doubt he gets laid much as it is, but damn - a life sentence of penury in your parents’ basement is going to ensure this particular genetic line is facing Darwinian twilight.

RogueNerdOne said...

Another day, another nothingburger in the mail.

I'm starting to wonder if he sent it regular snail mail and it got lost. I have no doubt he's done this the cheapest way he could.

Oh well, if not tomorrow, then I guess next week?

CC said...

Uh ... sending something via Canada Post does not constitute valid service. Man, what a dumbass.

RogueNerdOne said...

Well if he sends via registered mail it's legal through Canada Post.

It is one of the preferred methods of service they discuss in the booklet.

CC said...

Sure, but I was talking about Patrick being a cheap bastard and using regular post to save money and thinking that would be adequate.