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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 86772
Experience:  Lawyer
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This question is for Debra Thal related to Canada Law: Recently

Customer Question

This question is for Debra Thal related to Canada Law:
Recently this week I rebuilt a transmission on a vehicle for an individual who has agreed to repay me by Thursday (yesterday).I work at a transmission shop.However, this individual has not come up with the balance of payment ($800.00).I have left messages on her cellphone to contact me and i have not had a response from her.Obviously, she is screening the calls through call display and is not returning my calls.I have already spoken to her husband who has agreed to help her out financially but i noticed he is also not returning my calls.
As far as documentation is concerned, i have it in writing her agreement to repay me by said time and her signature.I am thinking of pursuing this matter in small claims court but is there an alternative in recovering this money?
Thank you for your assistance.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.
Does she have the car?
Customer: replied 1 year ago.

Yes, she already has the vehicle.There were no 'forward gears' ,only reverse gear and drives very well.Thanks for responding.

Expert:  Legal Ease replied 1 year ago.
There really is no way to compel her to pay without suing her in Small Claims Court.

I suggest that you send her a letter by Registered Mail and in the letter give her a deadline for paying you.

Tell her that if she fails to comply you will commence legal proceedings and will then be seeking interest and your costs.

Then if she doesn't pay you, you can sue her and self-represent.

If it gets that far and you find you need some help as you go through the process you can always post on this site again and I can assist you further.

For now, let me know if you need any further clarification.
Customer: replied 1 year ago.

Is she obligated to sign for receipt of registered mail since she will know who it's coming from or can i send to her email address?
I received a initial deposit of $800.00 for the repair via interac e-transfer hence i am aware of her email address.
Thank you for your advice.

Expert:  Legal Ease replied 1 year ago.
You can send her both or even one by regular mail too.

It's not really relevant whether she gets the letter.

When you serve her she has to be served personally or you will need to get an order for substitute service.

I can explain that more later on if you need that.
Customer: replied 1 year ago.

If i use the services of a Paralegal, would they be responsible for serving the letter personally and would i be better off as compared to sending a 'registered letter'?
I am trying to do this more effectively and without resorting to small claims which would only delay the process.

Expert:  Legal Ease replied 1 year ago.
No

You don't need to pay a paralegal.

You can send the demand letter yourself.

Then if necessary you would sue and self-represent.

The paralegal will make it not worth your while to proceed.
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 86772
Experience: Lawyer
Legal Ease and other Canada Law Specialists are ready to help you
Customer: replied 1 year ago.

Thanks for providing me with legal information.I will also add you as my favorite lawyer and will definitely give you a positive rating.

Expert:  Legal Ease replied 1 year ago.
Thanks very much for the rating.

Please take the time to participate in the customer satisfaction survey as that will go into my record with the site.You will be sent an email with the survey in a couple of days.

And feel free to keep my name in case you need me again down the road. You can always put my name into the subject line the next time you post so that your question will stand out for me and I will answer it just as soon as I can.

Thanks and take good care!

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