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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100956
Experience:  Lawyer
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Was recently served with Statement of Claim which was filed

Customer Question

Was recently served with Statement of Claim for divorce which was filed in the province of Alberta, but served in the province of Saskatchewan. My understanding is I have 30 days to file. And have no lawyer yet.
My question is what is my next step, I do not want any judgements against me, she don't deserve squat!!
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

When were you served?

Customer: replied 1 year ago.
In Saskatchewan
Customer: replied 1 year ago.
November 9 2015
Expert:  Debra replied 1 year ago.

Are you saying you don't think that you can find a lawyer in time to meet the deadline?

If you cannot, have you spoken to the lawyer acting for the plaintiff and have you asked for an extension of time to put in your defence?

Customer: replied 1 year ago.
No
I haven't spoken to her lawyer and rather not but will go to a law courts to get an extension in order to get legal representation thanks
Expert:  Debra replied 1 year ago.

You first have to make a request to the lawyer. You can't simply go to court and bring a motion for an extension without asking the lawyer.

You first have to ask the lawyer for an extension. If the lawyer says no then you can bring an application to the court for the extension but you have to serve the lawyer with that application. It is not possible to cut the lawyer out.

It is very unlikely that the lawyer will not agree to an extension. In fact it is essentially on heard of when you need an extension so that you can find a lawyer.

So the lawyer will most likely consent to the extension and if they lawyer does then send the lawyer a confirming email confirming that the lawyer has agreed to this extension.

Do you see what I mean?