Canada Law

Ask a Canada Law Question, Get an Answer ASAP!

Ask an Expert,
Get an Answer ASAP!

I have been served with a statement of claim and I wish to…

Customer Question
Hi. I am...

Hi. I am Rob. I have been served with a statement of claim and I wish to statement of defence however can not afford a lawyer so tryingto complete the form However not sure what I need to include on the form

Lawyer's Assistant: Thanks. Can you give me any more details about your issue?

I have a line of credit instead of a mortgage secured by my house. House is appraised at $850,000 and the line of credit was for $350,000. My current drawdown on the LOC is $345,539. However a few years ago the back decided that I could no long draw on my outstanding credit and had to pay interest monthly

Submitted: 2 years ago.Category: Canada Law
Show More
Show Less
Ask Your Own Canada Law Question
Answered in 7 minutes by:
1/31/2016
Lawyer: Debra, Lawyer replied 2 years ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 104,561
Experience: Lawyer
Verified

What province is this please? How much are they suing you for?

Ask Your Own Canada Law Question
Customer reply replied 2 years ago
Ontario and they want payment in full of my line of credit of $345,539.00 even though only $6,000 behind on payments
Customer reply replied 2 years ago
want to dispute need for payment in full and foreclosure on my loan
Lawyer: Debra, Lawyer replied 2 years ago

Was there any agreement that they can call the loan at any time?

Ask Your Own Canada Law Question
Customer reply replied 2 years ago
Not that I am aware of. It I have had the LOC with the bank for over 10 years. And the LOC balance currently is $346,000 and my house is currently valued at $875,000
Lawyer: Debra, Lawyer replied 2 years ago

Are you able to take out a mortgage from another bank to pay off this line of credit?

Ask Your Own Canada Law Question
Customer reply replied 2 years ago
Not at this time however I have a tax refunding owing to me of about $15,000 which I expect to receive in February. As well my house is being put up for sale in February. And as mention is valued at $900,000 plus
Customer reply replied 2 years ago
Which is more than twice what the line of credit is for
Lawyer: Debra, Lawyer replied 2 years ago

Have you told then this?

Ask Your Own Canada Law Question
Customer reply replied 2 years ago
Not yet
Customer reply replied 2 years ago
I can now that have decided but still need to file defence against letter recieved from Superior Court Of Justce letter
Customer reply replied 2 years ago
Not yet as just working with my real estate agent now on price and particulars. But will however still need to reply to Superior Court of Justice judgement against me
Lawyer: Debra, Lawyer replied 2 years ago

You can buy yourself more time by putting in a notice of intent to defend. That will buy you 10 more days.

Otherwise, if you want to put in your statement of defence then you have to start off by saying that you are the defendant. Then you state which paragraphs in the statement of claim you agree with. Then you state which paragraphs in the statement of claim you have no knowledge of. Then you state which paragraphs of the statement of claim you disagree with and then you tell your side of the story. Presumably your defence is that you are not in default and have been making payments and you do not know why they are suddenly calling the line of credit which is in breach of your agreement.

However you better review your documentation to make sure they don't have the right to call the loan at any time.

Ask Your Own Canada Law Question
Customer reply replied 2 years ago
ok thank you
Lawyer: Debra, Lawyer replied 2 years ago

You are very welcome.

Ask Your Own Canada Law Question
Was this answer helpful?
Ask Debra Your Own Question
Debra
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 104,561
104,561 Satisfied Customers
Experience: Lawyer

Debra is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest.

MonikaCanada

This has been very helpful. I'm glad to see that lawyers and sites like this exist. Thanks for your help.

MikeHalifax, NS

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tom B.

Tom B.

Barrister & Solicitor

2,263 satisfied customers

25 years in practice

LawyerProfessor

LawyerProfessor

Lawyer

836 satisfied customers

Experienced Litigation Lawyer in Ontario since 1999 and NY since 1997

Debra

Debra

Lawyer

104,561 satisfied customers

Lawyer

Jeremie John Martin

Jeremie John Martin

Lawyer

839 satisfied customers

I'm a bilingual attorney for the province of Quebec who goes to Court often for many clients.

Sokkalaw

Sokkalaw

Lawyer

312 satisfied customers

Lawyer in Ontario, Canada

CaptanLaw

CaptanLaw

Lawyer

224 satisfied customers

I'm a criminal defence lawyer, who assists individuals charged with crimes.

Mark A

Mark A

Lawyer

179 satisfied customers

Canadian Lawyer working at a Canada Law Firm

< Previous | Next >

Related Canada Law Questions
I have a question about Strat bullying charging a person
I have a question about Strat bullying charging a person with a service dog on their grass. Can they charge money if a dog is relieved on the grass called their common area. … read more
Debra
Debra
Lawyer
104,561 satisfied customers
I dont know where to start. the current. My daughters father
i dont know where to start. the current. My daughters father served me with access papers, claiming i prevented him having a relationship with his daughter, (he has a great one). … read more
Debra
Debra
Lawyer
104,561 satisfied customers
Can majority of executors ask for a different lawyer to
Can majority of executors ask for a different lawyer to execute will as to the one who wrote it? … read more
Debra
Debra
Lawyer
104,561 satisfied customers
My question is, if I've been a Canadian Permanent Resident
My question is, if I've been a Canadian Permanent Resident since January 2017, I must maintain so many days in Canada to get citizenship.As a long-haul truck driver, I constantly cross into the United… read more
Debra
Debra
Lawyer
104,561 satisfied customers
Thanks I have a question for a lawyer dealing specifically
Thanks I have a question for a lawyer dealing specifically with family law on separation agreement versus consent judgment … read more
Debra
Debra
Lawyer
104,561 satisfied customers
I have a few questions about being sued/charged for
Hello, I have a few questions about being sued/charged for defamation or character … read more
Ulysses101
Ulysses101
Litigator, Barrister and Solicitor
LLB
3,168 satisfied customers
What will happen if my husband dies & he has left his part
what will happen if my husband dies & he has left his part of the matrimonial home to his kids does this mean they get half o f the value … read more
Debra
Debra
Lawyer
104,561 satisfied customers
I have roof change 2012, there is writing warranty in my
I have roof change 2012 , there is writing warranty in my payment. … read more
Debra
Debra
Lawyer
104,561 satisfied customers
I am in a common law marriage and we have just recently had
I am in a common law marriage and we have just recently had a baby. She is two months okd now. My oartner is both emotionally and mentally abusive and I want to end the relationship with him. What kind of legal steps should I take to do this? … read more
Debra
Debra
Lawyer
104,561 satisfied customers
Is there an immigration attorney who can answer a question
Is there an immigration attorney who can answer a question on asylum case? … read more
Debra
Debra
Lawyer
104,561 satisfied customers
Looking to travel but i have a pending dui.. i was wondering
looking to travel but i have a pending dui.. i was wondering if it was possible … read more
Debra
Debra
Lawyer
104,561 satisfied customers
The father of my child who is not registered as the father
The father of my child who is not registered as the father nor has had any contact with my child for the past 4 years is now threatening me and demanding to see my child. Is there anyway I can have hi… read more
Debra
Debra
Lawyer
104,561 satisfied customers
I missed my not-Guilty plea court date for my 233 dollar
I missed my not-Guilty plea court date for my 233 dollar "Failure to Provide Proper Insurance" ticket. I accidentally left my ticket on the counter of the courthouse and forgot the date for the court … read more
CriminalLawyerTO
CriminalLawyerTO
27 satisfied customers
I am looking for information concerning my brother. He is
I am looking for information concerning my brother. He is living with a women who is still married I believe. He recently made up his will as her , his commonlaw wife . Can she still claim anything fr… read more
Debra
Debra
Lawyer
104,561 satisfied customers
I was denied the study permit because I forgot to change on
Hi, I was denied the study permit because I forgot to change on the application that I was denied a visa...When I started filling out the Canadian immigration application I was never denied a visa fro… read more
Debra
Debra
Lawyer
104,561 satisfied customers
My husband and I separated December 2016. We don't have a
My husband and I separated December 2016. We don't have a signed separation agreement yet - he's stalling. If I buy a new vehicle is he entitled to it? Thanks for your time. … read more
Debra
Debra
Lawyer
104,561 satisfied customers
If I build an addition on my mother's home (in-law suite)
If I build an addition on my mother's home (in-law suite) and I default on the loan/mortage payments for my portion of the home, what will happen? Is my mother in jeopardy of losing her home? … read more
Debra
Debra
Lawyer
104,561 satisfied customers
I recently left my last employer, May 4, 2018. For the last
Hi there, I recently left my last employer, May 4, 2018. For the last year, I was being paid hourly with a "departmental bonus" that was paid the 2nd pay of the following month for previous month. I h… read more
Debra
Debra
Lawyer
104,561 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Show MoreShow Less

Ask Your Question

x