Date:         Thu, 16 Nov 2000 11:30:26 -0500
Reply-To:     Sam Walters <slwalters@EARTHLINK.NET>
Sender:       Vanagon Mailing List <vanagon@gerry.vanagon.com>
From:         Sam Walters <slwalters@EARTHLINK.NET>
Subject:      Re: Stolen Bus Alert -- Followup
Comments: To: Bill Davidson <wdavidson@THEGRID.NET>
Content-Type: text/plain; charset=us-ascii

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