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.