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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101395
Experience:  Lawyer
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Two years ago I received a bill, I respond to them with a

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Two years ago I received a bill, I respond to them with a detailed notice as to what I was paying for and what I was deducting from my bill . I also sent them a check dated aug1/2015. They cashed my check . I never heard a word
JA: What state are you in? It matters because laws vary by location.
Customer: from them again . On Sunday I was served court papers . In from Alberta Canada . Can they do this ? I assumed they agreed . It's been two years
JA: Has anything been filed or reported?
Customer: They filed court papers
JA: Anything else you want the lawyer to know before I connect you?
Customer: I just want to know if they can do this lol

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.

I am sorry to hear this.

When exactly did they issue this claim. Can you check the papers?

Thanks

Customer: replied 1 month ago.
Oct 6 2016

It is odd that you never received a demand letter after sending the cheque.

It doesn't mean that they cannot sue. But it does mean that if you are required to pay by the court the court may agree not to order interest run pre-judgment as you didn't know they still wanted to be paid the difference.

But yes, unfortunately they can sue. Your best defence is to explain why the bill was not fair and why you didn't pay the rest of the bill.

Then the court will decide if you really owe the money or not.

Do you see what I mean?

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 1 month ago.
I do see and understand .they verbally agreed to rent my shop for 50.00 a month and had not removed it from my bill with was 1200.00 ,600.00 a year for the two years . I have a witness to this . And I got an email from a friend to them , asking why they charge every one double price from completion fees . The responds from them was these fees cover the cost of completions practices staging and etc. Plus we use this money to cover when people do not pay their bill in a timely fashion .

Then you put this in your statement of defence.

Customer: replied 1 month ago.
Is that enough proof to have deducted payment

You will be able to provide sworn testimony and that will be good proof.

Debra and other Canada Law Specialists are ready to help you

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