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I'm stranded in Asia and can't get back home!

J

JMorton6

Senior member
I've been vacationing in Asia and just as I was about to return home, I found out that if I do... I might get arrested at the airport!

How? Well, here's what I've been able to put together so far with the help of the so-called "lawyer" I hired. Apparently, back in 2009 someone sued me in small claims court claiming that I owe them a few thousand dollars (I don't). They never served me with the lawsuit, and filed a fictitious document with the court stating that they did. Of course, they won the hearing by default because I never showed up.

The court then scheduled an examination hearing, which is where people normally go to either pay the money they owe, or say that they can't. Of course, I never showed up to this either because the other person filed yet another fictitious document stating that they served me with a notice to appear (and of course they didn't).

Seeing that I keep not showing up, the judge got upset and issued a warrant for my arrest "for contempt of court" in order to force me to appear and either pay the amount or state under oath that I can't afford to. I would have gotten this in the mail of course, but here's the kicker: since the other person never actually served me, they didn't even have my correct current address, so neither did the court!

So I found out about the warrant by complete chance, NINE MONTHS after it was issued! I hired a lawyer back home who said it wouldn't be an issue to get the warrant removed if he showed up on my behalf and explained everything to the judge, but after I sent him the money he said that he went but the judge refused to remove the warrant.

How can that be?! I have copies of RE/MAX leases, photos of my apartment, etc, showing that I was no longer living at that address when the other person claimed to have served me, and of course I couldn't have gotten the warrant notice in the mail from the court because they STILL to this day don't have my correct address!

I'm more than willing to appear in front of a judge back home in Canada and explain everything, and EXTREMELY willing to sue the other person until they curse the day they were born, but how do I get back to Canada without getting arrested at the airport?! This is so ridiculous - how can something like this be possible in the 21st century in a modern democratic country!

What do I do, go to the embassy? Will they actually be able to help? I'm just at a loss of words right now.
 
No legal advice below, just discussion, consult lawyer.

Get a copy of the filed 'statement of defence', and tell them to look for forgery?

Can't they detain you at the embassy?

Sounds like you need a competent lawyer.
 
Why can you not just "turn yourself in" at the embassy? I am not expert on this, but it seems logical that they could arrest you on the sovereign soil of Canada (embassy in foreign country) and send you back home to face the judge.
 
Even if they arrest you I'm guessing you'd get processed and if you can post bail, released pretty quick. It's not like they'd throw away the key.
 
DominionSeraph said:
404 Stranded not found.
Click to expand...

Agreed. He CAN make the return flight...but with potential consequences waiting for him.

OP, why do you think you'll be arrested as soon as you land? This doesn't sound like the warrant is for a major crime...I'd be very surprised if whatever passes for Canadian Homeland Security was waiting for you at the gates. It IS possible that the warrant will pop up at customs I suppose...
 
BoomerD said:
Agreed. He CAN make the return flight...but with potential consequences waiting for him.

OP, why do you think you'll be arrested as soon as you land? This doesn't sound like the warrant is for a major crime...I'd be very surprised if whatever passes for Canadian Homeland Security was waiting for you at the gates. It IS possible that the warrant will pop up at customs I suppose...
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I don't know - I thought that's the way it works: if there's a warrant out for you and you're identified by a customs or police officer, you're toast?

SoulAssassin said:
Even if they arrest you I'm guessing you'd get processed and if you can post bail, released pretty quick. It's not like they'd throw away the key.
Click to expand...

How much would bail be if the person says I owe say 5 grand? What if I don't have that in cash? And how fast is "pretty quick" - don't you have to wait for days to get a bail hearing or something? I mean would they actually put me in an orange jumpsuit and prison cell just like in the movies? Goddammit man, I've got a job - I can't be away from a computer even for a day without an explanation. I'm so screwed. 🙁
 
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Go home. What will they do to you? Hold you for weeks over a civil debt?
 
Small claims court... lawyers... turing self in at embassy??? Is this how Canadian "law" works?

You can just stay in Asia if you want. You don't have to make excuses about why you don't want to return to Canada. It's not like we won't understand.

If you care to be more specific about WHERE you are in Asia, I can have a bounty put on your head and we can make this a little more interesting.
 
Rumpltzer said:
Small claims court... lawyers... turing self in at embassy??? Is this how Canadian "law" works?

You can just stay in Asia if you want. You don't have to make excuses about why you don't want to return to Canada. It's not like we won't understand.

If you care to be more specific about WHERE you are in Asia, I can have a bounty put on your head and we can make this a little more interesting.
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I like the way you think....but don't mock my country or I will sit on your face...bare assed and horny.
 
TheInternet1980 said:
excuse-me-im-calling-bullshit.jpg


Go home. What will they do to you? Hold you for weeks over a civil debt?
Click to expand...

This.

Are people really so stupid these days that they don't know the difference between a civil action and a criminal action? The government doesn't stand a chance of ruining the country, the idiots will beat them to it.

P.S. Yes, I understand the OP is probably Doug McKenzie.
 
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😉
 
something tells me that they would have arrested you upon attempting to leave the country if they were really out to get you.

i dont think you have a a problem.
 
LOl. There wont be anyone there to arrest you when you return. Small shit like that they just wait until you get pulled over for a traffic stop or something. They don't actively hunt people down.

Get back, hire an attorney.
 
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