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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Criminal Law
Satisfied Customers: 13
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 don;t know the processing, and which kinds of form do I have to fill up, where I should go : One thing, I would fill out the "REASONS FOR CLAIM AND DETAILS OF FORM 7 A page
2"? If this is not the correct form, could you advice me the correct form instead? Details of what I want included in the form are as follows: Against who -- XXXX XXXX (my ex) Reason for claim -- Myself and the ex got the RBC Bank Loan since August 2011- July
2018 while 84 months $396.16 same amount of each month for the HYUNDAI SANTA FE as complimentary in 2011 for our sons, they were students ( 18 yrs & 21) , but he has refused to pay his portion of the loan because he doesn't have the money that he told me.
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). 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. 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( I want to seize as lien this car). HONDA PILOT 2009/ Vin No: 5FNYF48219B501170 LICENSE : AJCB517 COLOR : FORMAL-BLA - The ex currently works as a cash( not sure,
he told me) or a little report clerk wage (not sure, I am guessing) at a convenience store. He gets paid with cash. - He may sell the Honda to remove his assets once I sue him but I want to prevent him to sell it when I am possible . -
He will get a defense lawyer Plaintiff : Chunsil Lee (me) Birth : April /19/ 1959 Address : XXXX XXXX XXXX XXXXXXXX Phone NO : XXXXXXXXXX Defendent : XXXXXXXXxx Birth : September / 01 / 1956 Address : XXXXXXXXXXXXX Phone NO : XXXXXXXXX Work Place : "XXXXXXXXXXXXXXX Wage :
around $ 1,500/ M ( He told me but not sure ) RBC Bank Information : " FIXED RATE CONDITIONAL SALES CONTRACT " Loan Reference Number : 34542780 Seller's Name : HAMILTON HYUNDAI Seller's Address : XXXXXXXXXXXxx Buyer's Full Legal Name: XXXXXXXXXXX Buyer's Address
: XXXXXXXXXXXXXXX Co-Buyer's Full Legal Name: XXXXXXXXXXXX Co-Buyer's Address : XXXXXXXXXXXXXXXXXX Make : HYUNDAI Model No : SANTAFE Year : 2011 Vehicle Identification No : 5XYZG4AG9BG022887 Licence No. BLZC769 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) - $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/person (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/person - 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
give me the information of the Small Claim's Court. Thank you for your time and effort!
Submitted: 2 years ago.
Category: Canada Criminal Law

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