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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2263
Experience:  25 years in practice
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Pearl I was just served with a claim against me in Small

Customer Question

Pearl I was just served with a claim against me in Small Claims Court. There are a number of misstatements and fallacies in the claim. I do not deny owing these plaintiff's money and I wrote them A promissory not in October of 2015 stating that I would repay the loan on or before December 31, 2017. Also that I could make payments to reduce the loan at any time or times. They are now saying that I am in breach of a "verbal contract" to pay them back and since they never agreed to the promissory note that it is null and void. Is this true
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Oh I adm in Ontario Canada
JA: Has anything been filed or reported?
Customer: Yes it was filed in small claims court and I have 20 days from receipt to reply with an affidavit of service and a defence
JA: Anything else you want the lawyer to know before I connect you?
Customer: Just that there is nothing in writing for the original loan, no terms and conditions. No repayment date or schedule. Just a a verbal agreement to pay back when I am able. I also gave the promissory not to show good faith. They are saying I am in breach of a verbale agreement and are suing me.
Submitted: 8 months ago.
Category: Canada Law
Expert:  Debra replied 8 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 8 months ago.

I am sorry to hear this.

I understand that facts but what exactly is your question?


Expert:  Debra replied 8 months ago.

Did you get a chance to read my question to you? I cannot answer you in a meaningful way until I gather the appropriate information. There is no charge for us going up and back of course.


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