Ask a Lawyer: Debtor and Creditor Law

Ask a Lawyer is a public chat forum, where you can ask lawyers for very general information. Because it is public, your questions, comments, and responses are not confidential. Please contact a lawyer in our Directory directly if you need a private opinion about your specific circumstances.

Back to Debtor and Creditor Law

Regaining Possession of Assets

Kim (Peace River)

My daughter who was in an abusive relationship purchased 3 large ticket items on credit, where she is the primary purchaser on 2 and the only purchaser on one. Her now ex would not let her keep the items when they broke up and said he would continue to make the payments so he could keep them. He hasn't been making the payments the last couple of months and we are unable to located them. He was also supposed to cover the registration and insurance for the items which he has failed at as well. What can she do?

0 9 months ago - edited 9 months ago

Anonymous Lawyer (Edmonton)
   Verified Lawyer

You might want to ask this on the family law board, because if they were married to adult interdependent partners (usually where they lived together for at least 3 years or had a child together), then there might be family property rights that come into play. If there aren't, then for the assets she owns, a court application could be brought for replevin, which is to seek the return of property. Joint property is a more complicated issue, jointly owned land is dealt with through a sale application under the Law of Property Act, and for other property there are judge made legal concepts with a similar result. In any case, it comes down to either come to an agreement, try to use a process that will get you to an agreement such as mediation or arbitration, or bring a court application. If you can't locate him, you can bring an application for substitutional services which permits you to serve him through another way that's likely to bring the application to his attention such as through family or social media. You might be able to obtain court orders against him and then have him declared in contempt of court if he doesn't engage, which might lead to the police issuing a warrant to force his involvement.

0 57 days ago

You must log in or sign up to reply to conversations.










© 2021 to 2024 Alberta Legal Coaches and Limited Services Society.

DISCLAIMER: The information herein is not legal, tax, or accounting advice or opinions. This website contains content and files submitted by third parties, to which you download or view at your own risk. The Alberta Legal Coaches and Limited Services Society is merely a directory, it is not responsible for the actions or omissions of the lawyers listed in its directory. By using this website, you agree to release the Alberta Legal Coaches and Limited Services Society, its agents, employees, and directors from all present and future claims and liability, including liability arising from any negligence.

View full Terms & Conditions and Privacy Policy