highland145
Lifer
- Oct 12, 2009
- 43,973
- 6,338
- 136
You go to jail over a civil debt in Canada? Sweet. Too bad American magistrate courts don't have the balls to do that (or the jail space).
Cuda1447
Lifer
- Jul 26, 2002
- 11,757
- 0
- 71
sdifox
No Lifer
- Sep 30, 2005
- 100,733
- 18,038
- 126
What difference does it make what country he is in? He is saying he will have trouble when he comes back to Canada.
I can only speak for the US, but if an American turned up at a US Embassy somewhere and said she wanted to "turn himself in" for some petty contempt of court warrant they'd tell him to go away and stop bothering them with that kind of trivial nonsense.
Jeeebus
Diamond Member
- Aug 29, 2006
- 9,181
- 901
- 126
you're pretty much fucked. The full force of the Canadian military/police WILL be waiting for you at the border and will lock you away for years as a fugitive on the run. If you're lucky, you'll get a phonecall/see the inside of a courtroom sometime before 2018.
I know a guy that might be able to help you out. He made a similar move after getting into some trouble in the Pacific Northwest with the local cops there. Moved to Thailand, set up a business catching snakes/kickboxing/fishing with his bow and arrow. He might be able to take you on as an apprentice. How do you feel about the occasional soiree into Vietnam, Afghanistan, or Burma?
I know a guy that might be able to help you out. He made a similar move after getting into some trouble in the Pacific Northwest with the local cops there. Moved to Thailand, set up a business catching snakes/kickboxing/fishing with his bow and arrow. He might be able to take you on as an apprentice. How do you feel about the occasional soiree into Vietnam, Afghanistan, or Burma?
MotionMan
Lifer
- Jan 11, 2006
- 17,124
- 12
- 81
Do you hav any family in Canada? Have them find you a new lawyer, get all the documents from the old lawyer and take the bull by the horns to get this fixed.
BTW, I find it hard to believe that there is actually a contempt order out against you for a small claims matter. Civil judges rarely care if defendants fail to appear. One less idiot for them to have to listen to. Have you actually seen this order/warrant?
MotionMan
BTW, I find it hard to believe that there is actually a contempt order out against you for a small claims matter. Civil judges rarely care if defendants fail to appear. One less idiot for them to have to listen to. Have you actually seen this order/warrant?
MotionMan
AMDZen
Lifer
- Apr 15, 2004
- 12,589
- 0
- 76
You're in Asia. It doesn't even matter where (since you didn't say), because none of them are modern democratic countries in the sense that Canada is.
sdifox
No Lifer
- Sep 30, 2005
- 100,733
- 18,038
- 126
Thump553
Lifer
- Jun 2, 2000
- 12,839
- 2,625
- 136
I'm confused-are you worried about being arrested in Asia or upon your return to Canda?
If Asia, I'd guess the chances are slim to none. Basically Canada and the country you are in would have to have a treaty to recognize each others civil judgments (probably so) but the plaintiff would have to go through a pretty expensive process to, in effect, docket the Canadian judgment in the Asian country. And frequently countries don't recognize each other's default judgments.
If you are worried about being "arrested" upon your return to Canada, if their laws are like the US this is not a criminal warrent and the chances of the airport security/customs knowing about the warrant are almost nil. In the worst case scenario, you are taken into custody and brought to court to explain your supposed contempt-which you can easily do. Just tell the judge how you were never served (on either occassion), how you found out about the lawsuit and what you have done since finding out about it.
I think you are needlessly stressed out about this. Hundreds of these defaults/contempts happen each day, the judges know the score. If they see you are legit and honestly contest the matter, the contempt citation will evaporate and probably the default judgment as well.
Really though you should be getting concrete information from your Canadian lawyer-that is what he is there for.
If Asia, I'd guess the chances are slim to none. Basically Canada and the country you are in would have to have a treaty to recognize each others civil judgments (probably so) but the plaintiff would have to go through a pretty expensive process to, in effect, docket the Canadian judgment in the Asian country. And frequently countries don't recognize each other's default judgments.
If you are worried about being "arrested" upon your return to Canada, if their laws are like the US this is not a criminal warrent and the chances of the airport security/customs knowing about the warrant are almost nil. In the worst case scenario, you are taken into custody and brought to court to explain your supposed contempt-which you can easily do. Just tell the judge how you were never served (on either occassion), how you found out about the lawsuit and what you have done since finding out about it.
I think you are needlessly stressed out about this. Hundreds of these defaults/contempts happen each day, the judges know the score. If they see you are legit and honestly contest the matter, the contempt citation will evaporate and probably the default judgment as well.
Really though you should be getting concrete information from your Canadian lawyer-that is what he is there for.
You mean take the bus - won't they run my name through the computer at customs there the same way they would at an airport?
Thing is that this will cost a few thousand dollars that I'll never see again, and if I can just show up in front of a judge myself then it won't cost me a penny - I'll just explain everything, and plus I know how to file paperwork to get the default judgement set aside, etc (it's really simple actually). And yes, I've seen the warrant - my "lawyer" faxed me a copy.
What I'm worried about is that the other person, being a POS scam artist that they are (and one who really knows the game as well) may have notified the border. What'll happen then? You say that worst chance is I'll be taken into custody, but what does that mean - will I go to jail? For how long?
It is highly unlikely that there is a flag on you @ Canadian Immigration to arrest and hold over a small claims court case. A quick call to the Canadian Consulate will answer your questions, though. That's what they do.
Challenge everything based on improper service. It would be awesome if you were even listed in a phone book.
Don't smuggle anything this time, you'll be fine
So I should call the embassy here and ask? Won't they ask me to come in for that kind of info, and if I do come in isn't there a chance they'll arrest me? I'm worried this might do more harm than good - what do you think?
Are you sure? I really hope you're right man - I just really don't wanna risk going to jail. What if the other side notified the border?
MotionMan
Lifer
- Jan 11, 2006
- 17,124
- 12
- 81
I'd have to go with this too. Providing you've file proper taxes recently, they'd just initiate a wage garnishment. The fact that a lawyer wasnt able to clear this up leads me to believe theres something else going on, and were not, or even you're not getting the whole story. Balls up and head home. You might spend a night in jail if you return late on a weekday and you'll see a judge the next day.
I had to read the post twice, since it initially sounded like the case originated in an Asian country.
BrownShoes
Golden Member
- Dec 28, 2008
- 1,055
- 0
- 0
- Feb 13, 2003
- 13,295
- 122
- 106
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