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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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How will I know if some files a summary judgement against me

Customer Question

How will I know if some files a summary judgement against me
Info: The plaintiff lives in Michigan, USA and the defendant lives in Ontario, Canada
Submitted: 10 months ago.
Category: Canada Law
Expert:  Legal Ease replied 10 months ago.

Were you served with the claim? (I am assuming you are the defendant).

Customer: replied 10 months ago.
I would be the defendant. The Plaintiff is someone who gave me a personal loan.No, I haven't been served with the claim yet.I was told that "someone recently has recorded a summary judgment in the public records against me
due to the default on a promissory note".
It was just via email from someone the plaintiff and I know in common. No official notice. And if "our friend in common" hadn't of mentioned it to me, I wouldn't have known about it at all.
Expert:  Legal Ease replied 10 months ago.

Are you saying you were told they did this in the US?

Do you have assets in Canada?

When you signed the note were you in the US?

Customer: replied 10 months ago.
Im the defendant & I live in Canada (Ontario) and the person who gave me a personal loan lives in the US (Michigan).The "collateral" that was in the promissory note is here in Canada.Yes, I was (informally) told that "someone recently has recorded a summary judgment in the public records against me
due to the default on a promissory note". I assume that there were speaking of having filed it in the US since the plaintiff lives in the US and his lawyer is in the US. But I really don't know since I haven't had any official notice of the summary judgement.
Expert:  Legal Ease replied 10 months ago.

It would not be summary judgment. It would be default judgment and it would be based on the fact that you were served and there would be proof of service and that you did not defend.

So if they try to enforce the judgment you would be able to contest and have the judgment set aside on the basis that you were not served.

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