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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Family Law
Satisfied Customers: 78
Experience:  25 years in practice.
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Mr. Mrs Lawyer, I have chosen to take my ex to the Small

Customer Question

Hello Mr. Mrs Lawyer, I have chosen to take my ex to the Small Claims Court, but I have a request: Would you fill out the "REASONS FOR CLAIM AND DETAILS OF FORM 7 A page 2"? If this is not the correct form, could you fill out the correct form instead?
Details of what I want included in the form are as follows: Against who -- Jinho Lee (my ex) What I want -- Garnish his wages/seize the car I've been paying for/get payment; Amount I want includes the ex's portion of the car loan, as well as my legal and personal
(gas, time, various fees, my account interest for I've paid his portion) costs. Reason for claim -- Myself and the ex got the RBC Bank Loan for the HYUNDAI SANTA FE for our sons, but he has refused to pay his portion of the loan. The ex also told me that he
will not contribute any amount in the future (though the car is under his name). So, I would sue alleging a breach of contract (I intend to give the car to our children once it's paid off). Some relevant points: - Once I sue him, he may opt for bankruptcy.
- If I default on the loan, the bank will repossess the car and my credit will be ruined (according to the bank, on both accounts). - The ex has only 2 assets under his name (he is living with someone else over 1 year, she is a millionaire) -- the Hyundai
Santa Fe (the car that we have the problematic loan on), and a Honda Pilot 2010. - The ex currently works as a cash or a little report clerk at a convenience store. He gets paid with cash. - He may sell the Honda to remove his assets once I sue him. - He will
get a defense lawyer Plaintiff : Chunsil Lee (me) Birth : April /19/ 1959 Address : 52 Fort Yourk Blvd. Toronto ON. M5V 4A6 Phone NO :(###) ###-####Defendent : Jinho Lee Birth : September / 01 / 1956 Address : 7 Haist Crt. Fonthill L0S 1E0 Phone NO : 289 990
3856 Work Place : " Buzby's Variety " 223 St Catharines St, Smithville, ON L0R 2A0(###) ###-####Wage : around $ 1,500/ M RBC Bank Information : " FIXED RATE CONDITIONAL SALES CONTRACT " Loan Reference Number : 34542780 Seller's Name : HAMILTON HYUNDAI Seller's
Address :*****HAMILTON Buyer's Full Legal Name: JINHO LEE Buyer's Address : 3444 WESTWOOD TRACE VINELAND Co-Buyer's Full Legal Name: CHUNSIL LEE Co-Buyer's Address : 3444 WESTWOOD TRACE VINELAND Make : HYUNDAI Model No : SANTAFE Year : 2011 Vehicle
Identification No : 5XYZG4AG9BG022887 Licence No. BLZC769 HONDA PILOT/ I can get the information later (requested a copy of "sales contract" to Honda but may not have it from Honda) Info on the loan (info from RBC): - The loan is under both my and my ex's
names - As of August 6, 2015, the remaining balance is $13,524.99 - I've paid $19,411.84 between August 18, 2011 - August, 2015 (4 years + 1 month) - Amount my ex should have paid until August 2015 -- $396.16/M x 49 months (12 month x 4 years ; August 2011~
July 2015 + 1 month: August 2015) = $19,411.84 divided by 2 = $ 9,705.92 (I've overpaid beyond my portion) - Amount each person should pay out of the remaining balance base on August 06 2015 -- $13,524.99 divided by 2 = $ 6,762.495 - Total amount currently
owing or will be owing at the maturity of the loan by August 06, 2015 per person = $9,705.92 + $6,762.495 = $16,468.415 - My over payment is $19,411.84 - $16,468.415 (my total amount of payment)= $2,943.425 (I've overpaid beyond my portion) - Additional costs
-- 2 x $65 legal fees (your website) + $75 court fee + $40 gas = $245. - Plus relevant interest I would like him to pay me $19,411.84 - 16,468.415 + 245 + interest = $3,188.45 + interest (i.e. the amount I have already paid less my half of the loan plus my
personal costs and interest), then his options are: 1) have my name removed from the RBC Bank loan (so that he is solely responsible for it from now on) or 2) pay me the remaining balance of $13,524.99 (immediately/through lien on income/in installments/etc).
Please help me to fill up the Small Claim's Court form Thank you for your time and effort! Jenny (Chunsil Lee)(###) ###-####
Submitted: 1 year ago.
Category: Canada Family Law
Expert:  Legal Ease replied 1 year ago.
You have misunderstood how the site works. We don't fill out forms for you. Only your own lawyer or paralegal can do that and you have to pay them appropriate fees.
We can provide legal information.
So if you have questions about the form or want to know how the process works or how to serve a document or what to do with the form etc then I can help.
Or, I can suggest how to find a lawyer or paralegal.