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Old 08-31-2000, 09:12 PM
bgentry
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Hi,
Here it is in a big nutshell. My Husband's Ex-wife in Canada sued him for non-disclosure in Canada. He sent her all the papers she requested except for my business and personal stuff. I was not a party in the suit and I chose to stay out of it. She was unable to interpret the documents she got so she told the court that she did not get them. He had a lawyer up until this last hearing but ran out of money so he had to let him go. They (Canadian Court) served him a summons via the mail which arrived on August 29 for a hearing on August 31. He is out of town on business and will not return until Sept 2. Therefore he has not seen the summons, but is aware of it. He got a message from her attorney on August30 wanting to know if he was going to reply but he didn't get the message until that evening so when he called on Aug 31 they were already in court. Since he did not respond, they threw out all of his affidavits for the past 3 years therefore taking her word on everything, thus, he lost. He has been ordered to pay ~3,500.00 of her legal costs, ~18,000 total for 2 years of private school for the two children, and 11,000 for a forensic accountant to look at his books to prove he wasn't hiding anything (since she claims she never got all of it, though she did. For the record, he is NOT hiding anything, sent her everything but my stuff and cannot afford the forensic accountant to prove it). He applied for a loan to pay her but did not get it. He sent the form and letter from the bank to show he is trying but they have threatened him with jail. He has paid all his child support and will continue, so he is not a dead beat Dad. He pays ~$1,100.00 per month for 2 kids and makes ~35,000/yr. I say ~ because I am trying to convert to US dollars.

Sorry if I rambled on too much but I wanted to give you any information I could think of. I've left a lot of stuff out but there isn't enought space for all of it.

Now, If Tennesse is not reciprocal with Canada, but he is Canadian, can they come down here and arrest him? Should he talk to a lawyer down here just in case? Will this effect his application for citizenship in the US? Is there anything he can do from the US to reverse the judgement?
  #2  
Old 09-01-2000, 07:23 AM
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<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by bgentry:
[b]
Now, If Tennesse is not reciprocal with Canada, but he is Canadian, can they come down here and arrest him? Should he talk to a lawyer down here just in case? Will this effect his application for citizenship in the US? Is there anything he can do from the US to reverse the judgement?[/b]<HR></BLOCKQUOTE>

You said he could not afford an attorney.. your course of action was to have an attorney at the hearing. You have to get an attorney in Canada to sort this out. You have grounds to do so since you were only served 2 days before the hearing. Also if you have proof that she recieved the papers then she had lied in court.
 



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