hi ive been summoned for money owned which i dont deny and a court order has been issued to write down my posessions,my issue is that the lawyer put my employers name on the summons instead of mine and i was out of the office when i received a call from my manager that the sheriff is busy writing down furniture in the offices and when i got the the office i explained to the sherrif that my employer got nothing to do with this as its a private matter but he showed me the summons and proceeded,i was so humilated in front of my collegues and my manager wants answers from me as to why the sherrif was there.As i live in a small town where everybody knows everbody and even the lawyer is local i find this behaviour unacceptable and i want to know if i can sue the lawyer for humilation 

Hi there and thank you for your question,

Wow, I'm really sorry to hear that. I can't believe that happened. There are a number of things that you can do:

First, you can report the lawyers conduct to the Law Society of the Northern Provices for investigations. It's quite clear that this civil matter is between you and the plaintiff, and that your employer had nothing to do with it. It looks to me as if the lawyer's conduct might very well have been done in order to humiliate you and cause you embarresment. This action deserves to be reported. The lawyer could be sanctioned by the law society.

I have to say that unfortunately I don't think that you can do anything against the sheriff. He was just doing his job, and if he showed you the warrant and he was doing what the warrant said, that's the end of that.

Second, if you feel strongly about the hurt that you've suffered at the hands of the attorney you can institute civil proceedings against the lawyer. I know that you say that you suffered humiliation, but legally the civil action would be for the pain and suffering that you endured and for the loss of your dignity as a result of what you were wrongfully put through.

You must just be aware that before you issue a summons you should speak to your attorney (who actually issues the summons on your behalf) about the amount of damages that a court might ordered the lawyer to pay. I don't want to get your hopes up, but it might be low!

If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.

Att. Patrick

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