Canadian law - bad checks

[diglasby]

My husband, Ed, is a farmer. A few years ago, a cattle dealer wrote him a bad check for $14,000. Ed went to the police, and they told him it was a civil matter. Ed got a lawyer and after two years, the case finally went to court. The judge ruled in my husbands favor, we have a lean on some land the cattle dealer owns. Do we just have to wait until he drops over dead, or is there any other way to force him to sell it and pay us?

Why did the police say it was only a civil matter? Isn't it a criminal offense in Canada to write bad chacks and never pay a dept? How can a person end up in jail for shop lifting steaks from the supermarket, but someone can walk away with $14,000 of cattle and not even get a record?

 

[Attorney_Replogle]

The first question; you do not need to wait until the debtor drops dead. You apparently have a judgment and have placed a lien on his property based on that judgment. So you can do a couple of things. One, you can sell that judgment to a factor or other person who buys judgments. They will generally pay you a discounted value of that judgment in cash today. The reason they discount it is that they will have to wait to collect on it or for their effort in collecting on it. If you want names of people to contact, you can email me at [email protected] and I will try to find some for you. Or, you can hire an attorney to collect on that judgment. That would basically mean trying to sell the judgment debtor's property in order for you to be paid in cash. That is a time consuming matter that eats up your emotions, time, and money (for your attorney if he/she does not take the case on contingency). About the police; they usually tell people that even though it is not true. Why? Because they have limited resources to combat more serious crimes.

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Mark B. Replogle