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I need some advice on my next step ... i got a "Consent

Customer Question
I need some advice...

I need some advice on my next step ... i got a "Consent Order" from court, like a payment plan

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

Toronto, ontario, canada

Lawyer's Assistant: Has anything been filed or reported?

Yes

Submitted: 7 months ago.Category: Canada Law
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Answered in 8 minutes by:
10/1/2017
Lawyer: Ulysses101, Lawyer replied 7 months ago
Ulysses101
Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3,728
Experience: 11 years experience in Canada family law, plus criminal, civil, and employment
Verified

Hello, thank you for the question.

You have a question about that order?

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Customer reply replied 7 months ago
it says "consent" to a payment plan
but I don't want to consent and propose a different payment plan, how would I do that?
Customer reply replied 7 months ago
this is going thru the court
Lawyer: Ulysses101, Lawyer replied 7 months ago

OK, who sent it to you? The court? Another lawyer?

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Customer reply replied 7 months ago
the lawyer of the lender
Customer reply replied 7 months ago
also, they only gave me like 5 days to respond, which i missed by 2 business days ...
Lawyer: Ulysses101, Lawyer replied 7 months ago

Can you scan and send it to me as an attachment? Or take a clear picture and attach?

And don't freak out. You're only making this harder on yourself.

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Customer reply replied 7 months ago
here are the papers ...
Customer reply replied 7 months ago
here's the last page
Lawyer: Ulysses101, Lawyer replied 7 months ago

That's a proposal for an order. The order would be "on consent" if you agreed to it by signing it and returning it.

If you are ok with the total amounts but want a different repayment schedule, then communicate that to the opposing lawyer. I recommend that you do so, email is okay, but make sure you put "without prejudice" at the top and underlined. That means that it can't be used against you later in evidence.

Unless the court has already made this order, or you said to the judge that you'd agree to it and this is just the copy "in writing", you don't have to agree to it.

The lawyer is threatening a Summary Judgement against you. I doubt that the motion is ready to go Monday morning, just communicate with them that you need some more time if you do. It's time to get a lawyer of you're own if you're going to continue this litigation.

Does that make sense? I'm here if you have question or comment. If I've answered you then may I please have a positive service rating? Ratings are how I get paid by the site for helping its customers.

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Customer reply replied 7 months ago
if the court made this order, do I need to go to court and tell them to extend the time?
Lawyer: Ulysses101, Lawyer replied 7 months ago

The court won't make this order, at least not now, unless you agree to the order. And you don't have to agree to it.

The deadline is just the other lawyer trying to put a fire under you.

If you want to discuss the order with them, contact them first thing in the morning to see if they'll agree to a different repayment plan. They want this over with as much as you, so if your proposal is reasonable I don't see why they wouldn't agree.

Is that logical?

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Customer reply replied 7 months ago
when i do a response, would I have to do it in the same "legal" format and fax to them?
Lawyer: Ulysses101, Lawyer replied 7 months ago

It doesn't have to be. What's most important is if you communicate with them clearly, and promptly. Fax is fine. Email too, if you've used email before to communicate with the lawyer.

Anything else?

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Customer reply replied 7 months ago
Hi, do I need to send a copy of the communication, a fax, to the court as well?
Lawyer: Ulysses101, Lawyer replied 7 months ago

No. The court doesn't get copied with correspondence and negotiations.

Anything else?

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Category: Canada Law
Satisfied Customers: 3,728
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Experience: 11 years experience in Canada family law, plus criminal, civil, and employment

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