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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100506
Experience:  Lawyer
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I have a notice of examination in Small claims court tomorrow.

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I have a notice of examination in Small claims court tomorrow. I had work done to my house and the contractor lost the judgement by default by a no-show. He claimed he didn't know the legal system regarding 20 days to defend and so is defending late. is this allowed and can it change the judgement?
Thank you for your question.

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The defendant would have to bring a motion to set aside the default judgment.

You could attend and contest that motion based on the fact that he was properly served and failed to address the issue on time. He may not succeed though anything is possible in Small Claims Court really.

I suggest that you proceed tomorrow as planned and do not agree to adjourn as he has had ample time to bring the motion as well.

Let me know if you need any further clarification.
Customer: replied 3 years ago.

Thank you - will there be a judge present tomorrow? If the judgement remains, what is the best way to ensure that I get the money owed?

Yes a Judge will be present.

When you find out where his assets are you then instruct the sheriff to seize them.

So ask where he banks. Ask about his house or other property. Ask about vehicles etc.

If he does not show up ask the Judge to issue a warrant for his arrest.
Customer: replied 3 years ago.

OK thanks is there anything else i can expect? i.e. can he bring a lawyer? There was no sheriff present last time - i believe i have to serve the bank and him notice of garnishment again for a cost of $100.00. If he chooses to settle, can i set the terms? i.e 30 days certified cheque?

He can bring a lawyer.

There is usually a sheriff's office in the courthouse. You attend there to fill out forms depending on what you want the sheriff to do.

You can certainly settle if you like. That's up to you.
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