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Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3467
Experience:  11 years experience in Canada family law, plus criminal, civil, and employment
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Canadian tire wants to take me to small claims court,

Customer Question

canadian tire wants to take me to small claims court
JA: Because laws vary from place to place, what state is this in? And can you tell me what's been officially filed?
Customer: canada
JA: Has anything been filed or reported?
Customer: filed for 11/02/16 they served me on 10/11/16
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 8 months ago.
Category: Canada Law
Expert:  Ulysses101 replied 8 months ago.

Hello, thank you for the question.

What province are you in?

Do you have the papers in front of you?

How much are they claiming? Is it for a CT credit card balance?

Customer: replied 8 months ago.
13000 credit card balance started at 3 600 and yes have papers ontario
Customer: replied 8 months ago.
how much 49 is in canadian
Expert:  Ulysses101 replied 8 months ago.

I'm sorry, 49 in Canadian? If you're referring to your deposit to the site I can't help you with that because I'm not a site employee. I'm a lawyer in Ontario, just now cleaning up the breakfast dishes.

Why don't you check your account on the site so you can see what's going on there and get back to me?

When you do, tell me the last time you made a payment on the account, and the last time you communicated to CT about it.

And you're certain it's CT, not a collection agency or the bank which administers the credit card program?

Customer: replied 8 months ago.
It's aro collection. There was a lien on my house back approx 2010 and it was for 5000 now its going to small claims on nov2 for 13000 I tried calling them and do not get a reply
Expert:  Ulysses101 replied 8 months ago.

That's unusual. Are you certain that the lien is connected to this debt? The couldn't have got a lien without taking you to court for judgement on the debt. Were you served with documents on that occasion?

So is this most recent claim for an order that the home be sold to discharge the lien?

My point is this: if they already have a lien for this debt then they already have judgement against you for this debt. So they don't need to sue you for an order that you when they already have that. But if they want to collect on the lien they need a court order. Is that what the Plaintiff's Claim is seeking?

Customer: replied 8 months ago.
says obtained judgement on 05/31/11 I was served then and lien was placed now its says total due on the judgement 13,821.99 on this date 08/9/16 and i was served small claims paper on 10/11/16 this is for nov 2 says I have to appera and ask why its not paid
Expert:  Ulysses101 replied 8 months ago.

That sounds like it's make sense now, at least.

What exact order are they looking for?

Customer: replied 8 months ago.
I sent you a copy I checked my acct they took 53.00 all together
Customer: replied 8 months ago.
Did you get a copy of my paper
Expert:  Ulysses101 replied 8 months ago.

OK, the site is US based and operates in US dollars. So whatever deposit you made to the site get's converted by the site after they pull the money in CAN$ from your credit card or account. But if you have questions about that process you have to talk to customer service through your site account; as I said, I'm not a site employee.

Thanks for that attachment, I've looked at it. They already have judgement against you and this is a Notice of Examination. It's a summons to attend at an "examination center", not the court. At the examination center you'll be in a room with a lawyer or paralegal acting for the plaintiff, there will be recording made of the questioning, and you'll be under oath. They'll ask you all sorts of questions about your income and assets and bank accounts, and you'll have to provide a bunch of information and promise to provide more stuff too.

This is how they try to collect judgement.

Now, they just want their money. For them to go through all of this is a hassle for them and costs them money too. So if you make an offer for less than the outstanding amount they will probably take it, especially if the debt is now held by a collection agency.

Get a copy of the original order for judgement against you. They will have got some legal fees, and have have terms in the order for prejudgement interest and post judgement interest. Do the calculations to see if what they say you owe is correct.

Then contact them and make an offer. Start with half, and you have to have the money ready to pay them. If you offer a payment schedule they are less likely to take the offer because they want to close the books on this matter. A bird in the hand and all that. If they won't take half, offer a little more. But remember that they want this to go away too so you needn't go in willing to pay the entire amount.

If you don't have the money, then see the bank about getting a line of credit secured by the property. If you don't get this debt cleared up then the plaintiff will start garnishing everything they can, and can eventually seek an order that your home be sold in order to discharge the lien.

Bankruptcy is an option. If you have a lot of other debt then see a trustee in bankruptcy right away. But CT already has judgement and a lien against your home for security, so getting out of paying them now isn't going to be easy or guaranteed.

Does all of that make sense?

Customer: replied 8 months ago.
Thank-you but if I claim bankruptcy will lose correct , I dont want to not pay them I want to but getting a hold of them its hard as they will not return my calls I was ging to offer them 60% but I dont want to go to court as that will bring up more chgs correct
Expert:  Ulysses101 replied 8 months ago.

There's no "charges" for criminal law if that's what you mean. But there's interest accruing on the debt under the order, and each step that they have to take for enforcement makes it less likely that they'll accept a lower amount and they can seek an order that you reimburse them for their costs.

Yes, I'm sure that getting hold of them isn't easy. Try email, fax, whatever. Or hire a paralegal to deal with this for you, that won't cost very much.

Anything else about this to discuss? I'm here if you have further question or comment. If we're finished, may I please have a positive service rating? Ratings are how I get credit from the site for helping its customers.

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