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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101373
Experience:  Lawyer
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Our company is being sued in a small claims court, but they

Customer Question

Our company is being sued in a small claims court, but they served the papers to an ex-employee and the employee told us over the phone that he's been served, but he never brought the papers to us and we never went to get the papers from him as he lives far away and we forgot.Can we be held liable for not driving to the ex-employees home and picking up the claim? Or was it the plaintiff's responsibility to serve the right person and by that I mean someone who's at least an employee within the company?
Submitted: 2 months ago.
Category: Canada Law
Expert:  Debra replied 2 months ago.

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 2 months ago.

I am sorry to hear this.

Are you out of time for putting in a defence?

When they served the papers was the employee still working for you?

Is the Plaintiff represented by a lawyer?

Customer: replied 2 months ago.
I filed a motion to get the default judgement dismissed. I'm appearing in court on August 10th to ask for the judgement to be dismissed and to request permission to file a defense. When they served the papers the employee was NOT working for us anymore.The Plaintiff is represented by a lawyer.
Expert:  Debra replied 2 months ago.

OK So you are ahead of me! I was going to get there.

They made a serious error and you were never served with the claim.

First, they had to sue someone in authority, and not just any employee and you can see why.

Second, the employee was not even working for you.

Finally, the bot***** *****ne is even if they had served correct as you didn't get the claim the court will not let you lose your right to defend.

There should not be any issue about this at all but also, since they made the error you should ask for an order for your costs.

Does that fully answer your question?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 2 months ago.
I have no responsibility to go pick up the claim for the ex-employee?
Expert:  Debra replied 2 months ago.

You clearly should have but that is not the point as the point is that you were not served personally and to serve a corporation personally is to leave the claim with someone in charge.

Customer: replied 2 months ago.
Okay so we have a motion in place and will meet the judge on August 10th to set aside the default judgement on the basis that they served the wrong person.
However, I just learned today that the company was able to freeze our bank account using the default judgement.
Is there anyway we can unfreeze the bank account before August 10th?
Expert:  Debra replied 2 months ago.

It's not likely but if they have a lawyer you can call them and say you will sue for damages given you were not served with the claim.

Expert:  Debra replied 2 months ago.

Is there anything more I can help you with at this point in time?