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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 92040
Experience:  Lawyer
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Im the claimant and have BC judgment (payment order by default)

Customer Question

I'm the claimant and have BC judgment (payment order by default) dated 09/Aug/2013 in my favor because the defendant failed to show up in the settlement conference.

However, since now I’m demanding payment, the defendant has hired a lawyer to assist him in “cancelling and setting the judgment/payment order aside” giving reasons to discredit me as he had done before. He has filed an Affidavit to cancel a dismissal or default order and chosen a date for the hearing on Oct 25, 2013.

Since the defendant is causing undue stress and trying to frustrate me; I would like to know my options as follows:

1) Do I need to attend the hearing?
2) Can I ask the judge not to consider the defendant’s request for the hearing and if so which form # XXXXX I use. I spoke to the Surrey Court clerk but they could not help me out and told me to seek legal advice. If there is no form could I simply submit a letter to the judge stating why I think the defendants affidavit should not be considered?

3) Most importantly; prior to the defendant’s Affidavit to cancel the default order I had contacted a collections agency to deal with them. How this will affect my case?

Submitted: 2 years ago.
Category: Canada Law
Expert:  Legal Ease replied 2 years ago.
Thank you for your question.

Before I begin I want to explain a bit about how the site works.

It may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.Please do not worry that you will be charged additionally if I ask you questions or if you need to ask me questions. That is not at all how the site works.

As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.

1) Yes as you need to argue against the Judgment being set aside.

2) You should say it's not fair to you and that you will be harmed if the Court allows this.

3) This is not relevant to the Court.

Let me know if you need any further clarification.
Customer: replied 2 years ago.

Hi Well noted.


What I would like to know at this point is which form to use in order to file a reply. The court clerk did not know. My aim is to register a reply so that the judge can cancel their request. thanks

Expert:  Legal Ease replied 2 years ago.
You can prepare you own Affidavit and serve it and file it.
Customer: replied 2 years ago.

Hi well noted with many thanks



Expert:  Legal Ease replied 2 years ago.
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 92040
Experience: Lawyer
Legal Ease and 2 other Canada Law Specialists are ready to help you
Customer: replied 2 years ago.

Dear Debra


I went to the small claims court in Surrey, BC but they refused to accept / file my affidavit saying that the court does not have any provision for accepting it. I just would have to wait for the new settlement conference they said!

Expert:  Legal Ease replied 2 years ago.
That doesn't make sense though Small Claims Court rules often don't.

That's OK though, just bring the Affidavit to the next court date.

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