Two other comments came through just before I logged off. It is Quebec, and the French foundation back to the Napoleonic code does make some things very different, but from my years in Mississippi and dealing with a number of cases involving Louisiana law, the differences in commercial law have become fewer and fewer because of the need for uniformity and standardized business practices. Not that there might not be some differences, but probably not too great. It might not be called a mechanics lien (however that would be translated into French) but I would be almost 100% sure that there is some similar concept. And Canadian law almost certainly has some procedures that deal with things like this that cross boundaries between Quebec and the English provinces of Canada. Re: the pay up or she goes to jail concept : The modern world has abolished debtor's prison's so that is not an option from a civil court. And while what she did could be prosecuted as theft of some sort, that doesn't necessarily get the mechanic his money. More importantly, in some jurisdictions, it is against the law to threaten criminal prosecution in order to collect a debt. So, this might not be such a good idea. Another reason to check with a reputable small business lawyer in Canada. Maybe someone on the list knows one or is one. Sam Walters |
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