Sentences with phrase «judgment proof does»

With respect to the landlord's initial hesitation and decision to proceed after the tenant's financial situation went from «dire to flush», as the Master below said (see 926 Capital Corp v Petro River Oil Corp, 2015 ABQB 431 (CanLII) at para. 36), Slatter J.A. found the possibility that the defendant is insolvent or judgment proof does not extend the limitation period: Smiechowski v Preece, 2015 ABCA 105 (CanLII) at para. 2; Boyd v Cook, 2013 ABCA 27 (CanLII) at para. 16.

Not exact matches

I don't worry about the judgment of a god for whom there is no proof.

Nothing in the Constitution specifies any particular standard of proof that must be met, so if enough members of each body said they believed the President did something, no matter how ridiculous the evidence might be, there would be no basis for any court to overturn that judgment.

If you don't have any valuable property and you're not earning any income, you may be «judgment proof.»

Even if you're judgment proof, you may want to answer the suit if you believe you don't owe the debt or you owe less than the lawsuit claims.

In this case, the consumer might just explain to his creditors that he is judgment proof — can not pay — and does not intend to file bankruptcy or seek any other form of debt relief program.

And there are more and more people essentially judgment proof, who should do absolutely nothing at all.

That's because people who don't have much that can legally be taken are considered «judgment - proof» — it's not worth a creditor's time to go after them.

Understanding what the implications of a judgment can do to a person that is presumed to be collection proof can have complicated legal issues.

If Social Security is your only income and you don't have other assets a creditor can take, you may be «judgment proof.»

You're «judgment - proof,» with wages and belongings shielded by law from collectors — but that does not mean you can relax... (See Judgment - proof debtors)

Decisions by some district judges to give the guidelines heavy weight obviously reflect a kind of policy judgment, as do decisions to apply a particular burden of proof or to increase a sentence based on acquitted conduct.

While Lord Justice Mummery's judgment does not add to or alter the Court of Appeal guidance in Wong v Igen Ltd [2005] EWCA Civ 142, [2005] 3 All ER 812, his application of the burden of proof rules provides some useful insights into the interpretation of the Sex Discrimination Act 1975 (SDA 1975), s 63A (2).

26 DOS 99 Matter of DOS v. Bronson - failure to pay judgment; DOS fails its burden of proof; failure to appear at hearing; ex parte hearing may proceed upon proof of proper service; DOS fails its burden of proof to establish broker made false statement with intent to deceive regarding property conditions; broker negligently makes misstatement to buyer; failure to pay judgment demonstrates untrustworthiness unless broker presents valid evidence of inability to pay; broker fails to appear to provide evidence; submission of unverified written answer is insufficient evidence to prove inability to pay judgment; broker's license suspended until broker submits proof he has fully paid judgment

42 DOS 99 Matter of Smadar - failure to pay judgment; failure to appear at hearing; unearned commission; ex partehearing may proceed upon proof of proper service; denial of renewal of license due to failure to pay judgment; applicant fails to appear and establish that he is qualified to be licensed; application for brokers license denied

123 DOS 93 Matter of DOS v. Harrington - requests for adjournments must comply with 19 NYCRR § 400.11; broker permits unlicensed salesperson to work; broker who fails to pay judgment without proof of inability is guilty of untrustworthiness, broker's failure to timely file termination of association notices not excused by claim of unhappiness with filing fee; prior discipline considered in imposing sanction; two - month suspension and continuing suspension until judgment is satisfied

973 DOS 09 Matter of Sroka — unearned commission; failure to pay judgment; $ 500 fine or 2 - month suspension; repay $ 2,020 judgment with charges against salesperson; dismissed for lack of proof

357 DOS 02 Matter of DOS v. Elias - failure to appear at hearing; failure to pay judgment; proper business practices; deposits; DOS fails its burden of proof; restitution; ex parte hearing may proceed upon proof of proper service; respondent failed to fully satisfy a judgment obtained against him without showing that he was unable to do so; a rental broker is entitled to compensation only after procuring a rental agreement between tenant and landlord; retaining part or all of the deposit without obtaining a rental agreement demonstrates untrustworthiness and incompetency; restitution may be ordered as a condition to retention of the broker's license where he has received money to which he is not entitled; unlawful for broker to operate real estate brokerage business at an address other than that which was stated on his application; broker operated his real estate business out of an address prior to obtaining a license for that address; DOS failed to prove that respondent commingled and converted deposits; real estate brokers license suspended for four months and an additional period of time until respondent proves he has paid the balance of the judgment

25 DOS 97 Matter of DOS v. Costello - amendment of pleading to conform to the proof; proper business practices; failure to pay judgment; pleadings may be amended to conform to the proof so long as an issue has been fully litigated and is closely enough related to the stated charges that there is no surprise or prejudice to the respondent; broker conducting business under name other than on license demonstrates incompetency; failure by broker to satisfy judgment demonstrates untrustworthiness; broker may be held liable for failure to satisfy judgment against corporation where broker controls the corporation; $ 750 fine and license suspension until judgment satisfied

2249 DOS 07 Matter of Lee - Salesperson; failure to return commission per agreement to refund if landlord unable to obtain c / o; failure to pay judgment; no proof of improper receipt of commission directly from client or failure to supervise

1000 DOS 02 DOS v. Olson — DOS fails its burden of proof; failure to pay judgment; DOS fails to establish that broker retained an unearned commission and converted or commingled deposit money; broker earned commission acting as agent of the purchaser when broker secured the agreement of the owner to sell mobile home to the purchaser; broker paid judgment and delay is excused by broker's financial difficulties; charges dismissed

84 DOS 99 Matter of DOS v. Woodland - failure to appear at hearing; jurisdiction; mortgage applications; failure to pay judgment; ex parte hearing may proceeding upon proof of proper service; DOS has jurisdiction over respondents for acts of misconduct which occurred during licensure even though the licenses expired on their own terms; DOS fails its burden of proof to establish broker failed to obtain signature on agency disclosure form; DOS fails its burden of proof to establish that a broker has an obligation to «pre-qualify» a potential purchaser; broker breached duty to deal honestly with the public when advised purchaser he would assist in obtaining financing and failed to do so; DOS fails its burden of proof that broker wrongfully failed to hold a $ 500.00 deposit in escrow as deposit was remitted to seller with the permission of buyer; failure to pay judgment without a showing that broker is unable to do so is a demonstration of untrustworthiness; no action to be taken for reapplication for broker's license until payment of $ 1,000.00 fine and proof of satisfaction of judgment

214 DOS 97 Matter of DOS v. Laymon - accounting to client; bad check; deposits; failure to pay judgments; proper business practices; jurisdiction; DOS retains jurisdiction after expiration of license (for failure to pay renewal fee) where acts occurred during licensure; violation of 19 NYCRR 175.1 by depositing clients» funds into operating account and failing to maintain special bank account; violation of 19 NYCRR 175.2 for failing to account to client; broker engaged in fraudulent practices by accepting monies he was required to retain in escrow, depositing said monies into his operating account, failing to return same to its rightful owner and by purporting to make refunds by issuing bad checks; in light of broker's financial inability to do so, failure to promptly satisfy judgments was not a demonstration of untrustworthiness; there was no violation of 19 NYCRR 175.3 (b) where broker was not managing rental properties; real estate broker's license revoked; reapplication for broker's license conditioned upon proof of payment of restitution with interest and proof of satisfaction of judgment with interest

122 DOS 99 Matter of DOS v. Smith - failure to pay judgment; unauthorized practice of law; salesperson breaches fiduciary duty to principal by inducing principal to make two loans to other persons, guarantying payment of said loans, failing to honor those guarantees and failing to satisfy a judgment entered against him; unauthorized practice of law by drafting promissory note; $ 1,000.00 fine and suspension of license until proof of satisfaction of judgment

185 DOS 05 DOS v. Britt - disclosure of conditions affecting the value or desirability of listed premises; DOS fails its burden of proof; res judicata; judgment rendered in civil court between buyer and seller is not controlling in administrative proceeding against licensee where DOS and licensee were not parties in the civil suit and professional conduct of the licensee was not litigated; duty of disclosure to a buyer by a seller's agent is derivative; seller's agent must make the same disclosure to a buyer that the law requires a seller to make; disclosure by seller's agent to buyer's agent of the condition of the property as known by seller's agent was timely, proper and essentially a disclosure to buyer of that information; DOS has failed to prove by substantial evidence its allegation that basement flooding was a common occurrence or that broker was fully aware that homes in the neighborhood where the property is located encountered frequent flooding; complaint dismissed