Legal Question in Credit and Debt Law in Canada

can I be garnished on a judgment when I don't live in that country?

I was sued in canada four years ago, though I was not in the country at the time, by the government for my student loan and have a default judgment against me. I am a mother of three and married to an Indonesian. I make a modest Indonesian salary. I have no assets here or in Canada. I am in no position to pay the loan back. My husband is a student and doesn't work. I live in Indonesia and was recently contacted by an Indonesian lawyer who says he represents the government of Canada. He won't speak with me on the phone and insists I come down to his office for a chat. HOw far can Canadian law reach? What legal action can he take against me in Indonesia? Can my wages be garnished here or assets seized? Can I be kicked out of the country? I am frightened to deal with an Indonesian lawyer because they have a bad reputation for corrupt methods and violating basic human rights such as privacy.


Asked on 5/08/05, 6:52 am

1 Answer from Attorneys
Kirana Kuswardhani In House Legal Counsel

Re: can I be garnished on a judgment when I don't live in that country?

My first question is: what citizen are you?

If you are Indonesian citizen, the answer is:

For sure, they can not seized your asset of salary unless they have Indonesian court decision to freeze your assets. Garnished salary is not common in Indonesian law.

Lucky you, you have no asset either in Indonesia or in Canada.

This is debt collection law not criminal law. So you can relax. Try to avoid the lawyer as long as you can. They just debt collector lawyer but no law judgement.

But, If you are Canadian citizen,

the law can reach you. They can issued a partial decision to ask you to pay the loan. Event you are not in the Country, you still have the obligation to pay.

Cheers.

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Answered on 5/09/05, 6:16 pm


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