A person no matter how good they are behaving … sometimes they can end up in court. That is why toronto criminal law firms is here to help.
To settle the problems and the disputes between us with goodwill and mutual understanding is something wonderful and desired by all, but things are not always so arranged. It is often the case that we resort to the court’s help to resolve a dispute with a neighbor, a business partner, or even a relative. “You owe me! “Nothing like that!” Or “This is my house! “Nonsense, how will it be yours?” – these are a small part of the replies, after which one can quickly and imperceptibly find themselves in court seeking protection for their rights. It does not matter whether it is a dispute about money, belongings or some kind of invaluable good in money.
Let’s imagine the following situation:
A person has given 10 000 dollars loan to a neighbor and they have agreed to be returned after one year. The year passes, but the neighbor does not return the money. When they go to ask them, they do not open the door.
That person will quickly realize that things will not be good, and after consulting with a lawyer they should file a lawsuit before the court for the amount of 10,000 dollars. The case is delayed. But the neighbor, besides lying, likes gambling. The good thing about this is that the person can ask the court to impose the so-called collateral of the claim.
What is the collateral of the claim and why does one need it?
Allowing a legal dispute can be stretched over a relatively long time (and sometimes too long). During this period many things happen. It is possible that the person against whom the claim has been brought may do anything to make their right impossible, even after the court’s decision. For example, if the person wants the court to rule that the car is theirs and to get it back to them, it is quite possible that the other person decides to sell it while waiting for the court to rule. Such actions will be those of the neighbor of the above example who plays all his gambling property and cannot return the money after the court has ruled that.
Collateral claims are the means by which one can prevent such situations. Their purpose is to provide a temporary defense of the disputed right against unscrupulous actions of the defendant. It is important to ask for such measures as quickly as possible when it is necessary to hinder the defendant’s “weak” accounts.
Collateral may be requested while the case is pending – after a person has filed a lawsuit before the court and a lawsuit has been instituted. The purpose is to prevent the defendant from defending the protection of their right, such as selling the thing before the case is over.