And while all of that is happening in Alberta, Patrick will be on the clock in terms of filling out and returning the Saskatchewan Sheriffs' mandatory financial questionnaire; if he fails to do that, there will be consequences.
The best part of all of this is that Patrick will be responsible for all of my costs related to the above -- the garnishment order, the questionnaire ... all of those costs will be tacked on to what Patrick owes me.
Patrick has been running from the consequences of his reprehensible actions for 13 years now; it ends this year.
BONUS TRACK: It's worth doing the math to see how much garnishment in Alberta will let Patrick keep, and how much he needs to turn over (all figures based on net pay).
So, to the math. As you can see, in Alberta, everyone gets to keep the first $800 of their paycheque, which is unlikely to cover basic rent. From there up to $3200, one gets to keep half of that overage, while the other half is garnished. So if Patrick nets, say, $2000 per month, he'll get to keep $800 plus half of $1200 ($600), for a total monthly net income of $1400, while I get the other half of the $1200 (again, $600).
The best Patrick will be able to do is if he nets $3200 per month, at which point he again gets the initial $800, while he and I will split that next $2400, getting $1200 each. Beyond that, Patrick gets to keep nothing, which means that no matter how much he earns, he will get monthly an absolute maximum of $2000, all the rest going to me. In other words, if Patrick somehow nets $4000 per month, he will get to keep only half of that, while his employer will be legally obligated to send the other $2000 to me.
And that's how arithmetic works, kids.
AFTERSNARK: Enjoy it while you can.
8 comments:
If your judgment is already registered in Alberta, that's 80% of the work already done, because (and I guess you already know this) someone can object to the registration for a number of reasons, but if it's already registered and the appeal period has passed (which I assume it has), really, it's just paperwork now. Keep up posted.
Yes, the chance for Patrick to appeal the registration of the judgment in Alberta is long gone. Ironically, he was explicitly given the opportunity to do that years ago by a Calgary judge, he promised the judge he would do that, and then (unsurprise! unsurprise!) he did nothing. Any attempt by Patrick to resist garnishment will end very badly (and expensively) for him.
Interesting question: We all know that the interest was bumped from 2% to 5% when the judgment was registered in Saskatchewan. Does Alberta recognize that change, or does it take the view that the 2% rate of interest applies?
Based on that table, Patrick would be way better off moving back to Saskatchewan, wouldn't he? In SK, he'd have the minimum exemption of $1500 per month, and still get to keep 70% of everything above that with no maximum. So if he netted $4000 per month in SK, he'd get to keep $3250, and you'd get only $750 a month. Is my math right?
Anon @ 9:01 AM: Your math appears to be fine and, yes, at first glance, it would seem obvious for Patrick to scurry back to SK for the far better garnishment exemption. But there are a couple drawbacks to that plan.
First, I already have a garnishment order waiting for him there, so it would kick in the instant he began working there, with no further effort on my part.
Next, sure, he would apparently pay far less, but then he would barely be making a dent in the full total that he owes me. Remember, the point here is to garnish money from him until he pays me the $100,000+ that he owes me. So while the smaller SK garnishment amount would be a victory in the short term, it would just mean that Patrick would be in debt to me for many, many more years, and an undischarged bankrupt that whole time.
Patrick's biggest problem, though, is that all provinces allow a creditor to argue to change the exemption amount based on special circumstances. And if Patrick moves back to Saskatchewan and moves back in with Daddy, I would immediately file to massively reduce his exemption amount, based on that he lives at home, and also how much he owes me and his long and sordid history of non-compliance with bankruptcy and court orders. And I'm pretty sure the court would see things my way.
Finally, all of this is independent of his legal obligation to fill out and return that mandatory financial questionnaire, which could have a whole *new* set of consequences above and beyond mere garnishment.
Quite simply, Patrick is rapidly running out of options.
MgS: I don't think it matters. The registration of the judgment in Alberta is exclusively for the purpose of garnishing wages; the Saskatchewan registration (at 5%) is the one that determines how fast Patrick's debt to me is growing, and that's what I would use it for. My registration in SK is the definitive source of terms for what Patrick owes me.
Twatsy is currently Googling "New Brunswick jobs high school education don't speak French."
ROD: Other people might be able to get away with that, but I suspect Patrick is dependent on Daddy to the point where a long-term lifestyle like he has now is not sustainable. He can no longer keep hiding from legal officials in both provinces anymore. And if he tries to pull any illegal bullshit, if he thinks being bankrupt cramps his style, maybe he should start wondering how life will be with a criminal record.
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