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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100424
Experience:  Lawyer
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My ex husband has a disability and he hired The National Benefit

Customer Question

My ex husband has a disability and he hired The National Benefit Authority. The told wrote a letter saying that they were unsuccessful in June 2014. Than in Jan 2015 I received tax refunds totally $9771.57 for years 2004-2011(except2010). They sent an invoice to my ex husbands address for $3312.56(I never lived at that address). Now suing me in small claims court. I removed them from my CRA account but they printed my tax statement of account from my CRA account. What can I do, I cannot pay the money.
JA: You just pay a $5 deposit now and the rest only when you get a reply from the Lawyer. All of this is 100% satisfaction guaranteed, so you can get a refund if you're not happy for any reason.
Customer: How
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No
JA: 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?
Customer: I don't understand how they can sue me for a contract that was never witnessed or fully explained.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.
I don't fully understand that facts. Are you saying the The National Benefit Authority is coming after you for what they allege your ex spouse owes them?
Customer: replied 1 year ago.
No,what I owe them, they had DTC credits Transferred to family members(me, in this case). James my ex-husband received benefits as well, but they are not including him in the law suit
Expert:  Debra replied 1 year ago.
So this company is saying because you received some of the tax credits you owe them money even though you did not hire them but your ex-spouse did?
Customer: replied 1 year ago.
We both signed documents, but these signatures were not witnessed. I was unaware of what I was signing, I was assisting my ex husband with the application. I received a letter in July 2014 at my residential address, stating that the claim was denied. Than received tax refund in Jan 2015. The National Benefit Authority sent an invoice to me to my ex-husbands address(I never lived there, never had that address) and I didn't receive this letter until July2015 when in divorce court.
Expert:  Debra replied 1 year ago.
The signatures did not have to be witnessed.If you signed and agreed to pay them this money they a entitled to it and will be able to sue you successfully.It is not enough to say you didn't know what you were signing. It was your responsibility to know. But if they misrepresented the facts to you that would be another matter and the you might succeed in court if they sue you.I am sorry that this is not the answer you were hoping for but just telling you what you want to hear will not help you.
Customer: replied 1 year ago.
There advertisements lead you to believe that they are part of the Canadian government, not a private company. Once I received the letter that the claim was denied, I took them off my CRA account as being authorized to act on my behalf. This is the only way to stop them, as they will not cancel your contract with them.
Expert:  Debra replied 1 year ago.
I agree about those adds. They sure do. If you were mislead by them then you may be able to defend a lawsuit if they sue you.
Customer: replied 1 year ago.
The lawsuit also states that they are naming my ex husband as a defendant in the case. It states that I applied for my husband as well. I don't understand how I can be sued but my ex husband who is the one with the disability is not being sued.
Customer: replied 1 year ago.
When in fact my ex husband pursued the disability claim after we were separated. That is how the invoice was sent to his address not mine. I had seized to explore the claim.
Expert:  Debra replied 1 year ago.
I don't understand what you mean when you say the lawsuit says they are naming him as a defendant. Are you saying there is a demand letter that states this?
Customer: replied 1 year ago.
sorry meant to type NOT naming my ex as a defendant.
Customer: replied 1 year ago.
I choose not persue claim after it was denied because I had no way of knowing what facts were being added to the case(I was separated). I was aware by this time that The National Benefit Authority was under investigation for falsifying medical claims. My ex husband is not above lying on documents or providing false information. I did not want to be involved with lying to the government and have CRA investigate me.
Expert:  Debra replied 1 year ago.
So are you saying that you have been sent a demand letter but you actually have not yet been sued?
Customer: replied 1 year ago.
I was served at my front door yesterday, with Plaintiffs claim Form 7A with attached documents. I have 20 days to file a defence and Affidavit of Service(forms 9A and 8A)
Customer: replied 1 year ago.
I have never had any letters from them at all. The original invoice was sent to my ex husbands address in Feb 2015, which I never received. I did received a couple of aggressive phone calls and I told them to contact my ex husbands lawyer(I knew he was handling his case, this came up in divorce court)
Expert:  Debra replied 1 year ago.
So what you should do is add your spouse to the lawsuit. You want to say in your defence that this is not your liability and why. Tell the story just as you did for me. But then you also want to say if anyone is liable to the Plaintiff if is your former spouse. So if the court finds the plaintiff is entitled to its claim it is your former spouse and not you that should be paying them. So along with your defence you will be putting in a defendant's claim. Here is the form to use and the instructions for what you must do:

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