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I just received a statement of claim from a bank over an…

Customer Question
Hi. I'm Janice...

Hi. I'm Janice. I just received a statement of claim from a bank over an unresolved debt. Not sure what to do next. Not alot of information on how to respond

Lawyer's Assistant: The Lawyer will need to help you with this. Have you consulted a lawyer yet?

No, I have not, can't afford one.

Lawyer's Assistant: Please tell me everything you can about this issue so the Lawyer can help you best. Is there anything else important you think the Lawyer should know?

Due to relationship breakup, bad health, and poor management of very little money, I've gotten behind on a loan and credit card bill. I own two homes - one outright, valued at approx $100000,

Submitted: 2 years ago.Category: Canada Law
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Answered in 39 minutes by:
3/9/2016
Lawyer: Debra, Lawyer replied 2 years ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 106,021
Experience: Lawyer
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Are you saying you do owe the money?

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Customer reply replied 2 years ago
Hello,Yes, I am in no way disputing I owe the money.
Customer reply replied 2 years ago
I owe the money, but am only working part time right now until summer, so repayment is difficult. I have a potential purchaser for one of the houses, and am hoping this will go through so I can pay the debt off completely which was my plan to start with. The property is difficult to sell, as there is a provisional right of way on it that feeds a number of small properties, and is being abused, with potentially many more properties using the right of way in the near future and I most certainly can't afford a real estate lawyer either. That being said, the purchaser is my nephew and is interested in the property as it was the original family home, and he's aware of the right of way problem.
Lawyer: Debra, Lawyer replied 2 years ago

I don't see your province here. Can you please provide it before I answer?

Thanks

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Customer reply replied 2 years ago
Sorry, Ontario.
Lawyer: Debra, Lawyer replied 2 years ago

In Ontario you can buy yourself a bit more time in terms of putting in your statement of defence.

You can prepare and serve a Notice of Intent to Defend and that gives you another 10 days.

So you have close to a month to sell the house.

If that doesn't work you can either ask the lawyer for the bank to give you a bit more time to put in a statement of defence or otherwise try to negotiate with the bank.

If none of that works you can also put in a statement of defence which will then buy you some more time but if the legal costs of the bank go up they will want more to settle.

Does that help as a starting point?

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