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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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I have been served with a NOTICE OF CIVIL CLAIM re credit card

Customer Question

I have been served with a NOTICE OF CIVIL CLAIM re credit card debt. I have limited funds. How is it possible to file my defence and keep my costs low.
Submitted: 7 months ago.
Category: Canada Law
Expert:  Legal Ease replied 7 months ago.
How much do you owe? What level of court is this? Do you have a defence? When you talk will keep your costs law are you talking about legal fees?
Customer: replied 7 months ago.
Supreme Court of BC
Not sure. No assets savings or income except real estate with second mtge. not sure of equity
I would like to file my defence as economically as possible at the same time making sure I do it right.
Expert:  Legal Ease replied 7 months ago.
You missed one question. How much are they suing you for.Are you saying you don't have a defence really?When you say you are not sure how much equity, what is the ballpark figure you think may be the equity?
Customer: replied 7 months ago.
45000.00
This type of real estate is dropping fast in AB but could be 50-100,000. I guess I have no defence other than no money.
Expert:  Legal Ease replied 7 months ago.
It is not going to make sense to put in a statement of defence if you have no real defence.The reason why is the lawyer will move for summary judgment. That is where the lawyer will argue that you don't have a defence and that there is no need for a trial.And the more the lawyer has to do the more this is going to cost you because you will be stuck with an order for a lot of the credit card company's legal fees. It may make more sense to try and negotiate a settlement and consider consulting with a Trustee in Bankruptcy. There is some equity in the house but if the credit card company gets a judgment they can seize the house and have it sold. If you want to put in a statement of defence then you don't need a lawyer but can do it on your own. Explain your position, essentially. Then you serve your defence on the lawyer and file it with proof of service in the courthouse. The lawyer's receptionist will stamp the document for you and that will be proof of service.
Customer: replied 7 months ago.
What defence could I make that would make sense and approx how could I make it or how much for a lawyer to represent me v
Expert:  Legal Ease replied 7 months ago.
Unfortunately, as you said yourself, you don't have a defence. It is not a legitimate defence to say you owe the money but just cannot pay. You could pay the lawyer to try and negotiate for you but otherwise to pay a lawyer really doesn't make sense. If the lawyer were to defend the summary judgment application you would end up owing the lawyer at least half of what you owe the credit card company. You can see a Trustee in Bankruptcy for free. I suggest you do that at once. You may be able to work out a consumer proposal. You do not lose assets then. You arrange to pay creditors over time and they have to agree but the often will because it is better for everyone than if you declare bankruptcy.
Customer: replied 7 months ago.
Are you quite certain about not giving up assets with a consumer proposal?
Expert:  Legal Ease replied 7 months ago.
Yes absolutely. It is not the same as declaring bankruptcy. But see a Trustee in Bankruptcy for free and get some advice. That doesn't commit you one way or the other at all.
Customer: replied 7 months ago.
Can you provide me forms to say my defence is that I need time to sell assets. I talked to trustee and it will take some time to make sure we do it right.
Expert:  Legal Ease replied 7 months ago.
Use Form 2 - Response to Civil Claim:http://www.ag.gov.bc.ca/courts/other/supreme/2010SupRules/info/index_civil.htm

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