Friday, April 08, 2022

Chronicles of Twatrick: Whatcha gonna do when EMJA comes for you?

As a followup to my earlier post detailing Lloydminster's Patrick Ross' inevitable problems with the Bankruptcy and Insolvency Act and my right as his sole creditor to haul his pasty, $21 burger-bloated, WWE cosplay-sequined ass in for questioning under oath, an anonymous tipster mentions similar rights under Saskatchewan's recently-overhauled "Enforcement of Money Judgments Act" (EMJA), which is a provincial mechanism for prying assets from uncooperative debtors.

The fundamental difference between the two is that working through Canada's Office of the Superintendent of Bankruptcy (OSB) hinges on the fact that Lord Baron Twatrick von Loadenhosen is an undischarged bankrupt, while SK's EMJA is based solely on the fact that Patrick is a judgment debtor who owes me money -- his bankruptcy is not relevant here, all that matters is that he owes me a pile of cash, and he's in Saskatchewan.

That someone would mention this in a recent comment is a little hilarious and timely because, as it so happens, I have just been informed that the Saskatchewan sheriffs who are regularly stopping by Patrick's bank account to clean it out on my behalf have just yesterday started the process for enforcing the questioning aspect of the EMJA against Patrick. And if you want to know what that means, I suggest taking a few minutes and reading all of Part III, "Obtaining Disclosure", here. I'll wait.

Ah, you're back, so let's recap what you just perused. As you can see, phase one (which I am informed has just begun) is to serve Patrick with a voluntary questionnaire; it's voluntary to give Patrick time to realize the errors of his ways and come clean about any assets he might have been hiding all this time, or income he has been collecting without turning over, and so on. And if he fills out that questionnaire, I will have the right to pore over it for accuracy or -- more likely -- more of Patrick's weaselly evasions and word games.

If, for whatever reason, Patrick refuses to co-operate, things kick up to phase two, wherein the sheriffs serve Patrick with a mandatory Sheriff's questionnaire, warning him that he's really living dangerously if he does not take this seriously.

Which he probably won't, which takes us to phase three, wherein the sheriffs serve Patrick with a notice to compel him to appear for examination. And yadda yadda yadda you can read the ugly consequences for yourself if Patrick insists on continuing to play games.

And the best part? While all of the above is required to be delivered to Patrick by proper and legal service, we don't actually have to chase him around as we already have substitutional service for him, which allows us to serve him by simply emailing him, and sending registered mail to his Lloydminster address. In any event, the more Patrick tries to avoid the above, the more work the SK sheriffs will have to do, and the more they will bill, with all of those expenses being added to Patrick's debt to me. Oh, and I believe you might have read in that legislation that, yes, I do have the right to yank Patrick's family members into this for questioning as well.

So, to recap, Patrick might want to prepare for dealing simultaneously with all of:

  • Saskatchewan sheriffs periodically and unpredictably stopping by his credit union to clean out his account,
  • A motion compelling him to attend questioning via the OSB because he is a non-compliant undischarged bankrupt, and
  • One or more EMJA-related questionnaires being served on him (and possibly members of his family) due to his being a judgment debtor in the province of Saskatchewan.

Oh, and there's another impending development, but I don't want to spoil the surprise so you'll just have to patient. I've had to deal with Patrick's fucking shit for 12 years now, so you can hold out until next week, right?

P.S. I was assured by my current contact at the OSB that if it is established that Patrick has been concealing assets from me, I still have the right to apply to have him hit with a significant fine for bankruptcy misconduct, further being assured that, although there are many types of misconduct, trying to hide assets is an absolute slam-dunk in terms of convincing the court that Patrick is guilty of misconduct.

So ... there's that.


RossOwesDay said...

So, does this mean that Twatrick is simultaneously getting hammered by separate provincial AND federal law enforcement?

Sucks to be him. Well, it has always sucked to be dim-witted, obese, impecunious Twatsy. Yet, somehow he keeps making things exponentially worse for himself, thanks to his last ten years of deplorable behaviour and moronic life choices.

Anonymous said...

Next week will be exciting. Your readers await good news, CC.

CC said...

ROD: I'm debating the chronology here; I'm thinking it will be simpler and faster to let the EMJA do the heavy lifting, then use the results to apply to the OSB to have Patrick charged with what we all know is the inevitable misconduct.

RogueNerdOne said...

Sorry all for not commenting more lately, but I've been taking care of my mother who had a knee replacement surgery, 1 staph infection at the top of her incision and other infection at the bottom of the same incision due to a piece of gauze left inside her leg.

The good news is things are looking up and yesterday was the first day in 6 weeks she was able to take a shower (Sponge bath only due to infections) and I took her out to get some exercise walking around Superstore.

I have been keeping up to date with things thanks to Robert.

Here's the main difference between what Robert's doing, what I'm doing, and what Patrick's doing.

Robert and I are going to the entities that currently control Patrick's life even though he doesn't respond to them and getting proper advice and direction. Patrick's reading something that sort of fits the situation he finds himself in and applies it as gospel.

It's only getting worse for Patrick and in a way I feel bad for him, but then I remember his situation is a direct result of his actions. In addition to everything Robert's doing, I'm doing mine. I'm not talking about mine online any longer because I don't want him to know what I've got coming down the pipe. Also, when Robert gets Patrick to sit so he can account for his assets over the past decade, it'll directly show that Patrick's life and/or reputation isn't worth anywhere close to the million he's asking for :)

If Patrick was smart, he'd stop his ridiculous lawsuit against me before Robert comes kicking down his door. In addition to penalties, it's all going to help me tag Patrick as a vexatious litigant and run up costs he'll have to pay me.

Patrick should withdraw his suit quietly and go away. He's made some absurd accusations against me, and libelled me to police. He's told anyone who will listen that I've sent "proxies after him". I've stalked him. I've stalked women to point of requiring police intervention. He then spread that libel himself to my customers by DM on Twitter. All he's done is create evidence for me to use against him.

How was everyone's week?

CC said...

RogueNerdOne: Even if Patrick quietly drops his action against you, you would still be eligible to file for full discontinuance costs, meaning Patrick would be on the hook for all of your legal expenses related to this matter. Courts really, really don't like plaintiffs who file actions, let them sit for months with no activity, then drop them for no reason.

And if he doesn't drop the action but continues to leave it dormant, you can eventually file to have it dismissed as abandoned, and again get your costs. (That Patrick never supplied a proper address for legal service would make it so much easier to get that ruling.)

That lawsuit was a truly stupid move on Patrick's part, and it's going to cost him money no matter how it ends.

CC said...

RogueNerdOne: There's something to be said for keeping one's strategy close to one's vest and not giving Patrick any warning about what's coming, but we all know that he doesn't take any of this seriously so I don't see any drawback with explaining to all and sundry what we're arranging. Typically, all Patrick does is mock it and brag about how he's going to find a way to beat it, so what the hell ... might as well let others get some entertainment value.

Anonymous said...

...and I wholeheartedly thank you! You can't buy this kind of entertainment!

Anonymous said...

Oh dear...can't wait to see this play out!!!

CC said...

Anon: I have no idea what Patrick is ranting on about here -- he has filed no paperwork against me, and he is well aware that he has no standing to do so.

Anonymous said...

I figured as much lol I think it was in response to a tweet from RoD - I take it he still hasn't figured out who that is? (I myself have no idea but I thoroughly enjoy their TL!)