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I need to file an form 18b, intent to defend. i was served…

Customer Question
I need to file...

I need to file an form 18b, intent to defend. i was served on nov 29th and given 20 days.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Ontario, Canada

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

I believe so. There's a court file number on the statement of claim

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I'm not disputing the charges. I just need more time.

Submitted: 2 months ago.Category: Canada Law
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Answered in 1 minute by:
12/18/2017
Lawyer: Debra, Lawyer replied 2 months ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 103,035
Experience: Lawyer
Verified

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.

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Lawyer: Debra, Lawyer replied 2 months ago

I am sorry to hear this.

But what is your specific question please?

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Customer reply replied 2 months ago
what are the steps to filing form 18b and 18a afterwards?
Customer reply replied 2 months ago
email is fine
Customer reply replied 2 months ago
hello?
Customer reply replied 2 months ago
Hello??
Lawyer: Debra, Lawyer replied 2 months ago

You serve the Notice of Intent to Defend on the Plaintiff and you file it with the court with proof of service.

Then you service the Statement of Claim on the Plaintiff and file that with proof of service with the court house as well.

If you trust they will not note you in default you don't have to file the notice of intent to defend with the courthouse but if you don't then you should.

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.

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Customer reply replied 2 months ago
i don't need to have a lawyer draw up the form, I can just do it myself and serve it. Then go to the court to file it with proof that it has been served. I have 10 days to file a statement of claim, correct? And once that 10 days expires, what it my next step?
Lawyer: Debra, Lawyer replied 2 months ago

You don't need a lawyer for the Intent to Defend. It doesn't have any content and just buys you the 10 more days.

You will be doing a statement of defence and as I mentioned you serve and file that with proof of service at the courthouse.

If you are talking about a counter-claim you should do it with the statement of the defence and treat it like one document.

If this is complex you should retain a lawyer to draft this important document. It is a vital piece for you.

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Customer reply replied 2 months ago
I'm not disputing the claim, I just need more time as the claim is for payment owing on a mortgage loan that expired a month ago. i'm in the process of having the mortgage bought out but it's taking time. I'm hoping to have this resolved this week, however, in case it doesn't, i want to know how much time i have before they take my house.
Lawyer: Debra, Lawyer replied 2 months ago

It will be at least a couple of months. Things go slower over the holidays. So definitely do the notice of intent to defend. That way you have 30 days from the day you were served to defend.

If there is a lawyer doing this you don't have to file the notice of intent to defend and the lawyer will understand about the extra 10 days.

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Customer reply replied 2 months ago
problem is, I was served on Nov.29th so my 20 days expires tomorrow (i believe), so the intent to defend gives me another 10days, correct? After the statement of defence is served, what happens next?
Lawyer: Debra, Lawyer replied 2 months ago

Yes that is right. Do it now for sure.

The next step is they will apply to go to court quickly to complete the foreclosure but because of the holidays it is not likely they will get in Court quickly.

Then you save tho house by paying them off at any time until the matter is done.

So you should be fine.

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Customer reply replied 2 months ago
Do I need a lawyer for the Statement of Defence (18A) or can I do that myself also? What do you recommend in this case?
Lawyer: Debra, Lawyer replied 2 months ago

There is no real defence so you don't need a lawyer.

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Customer reply replied 2 months ago
OK got it.
Next question...I paid $52 for this advice. What does that entail? Does that mean I have access to you for a month? and after the month expires am I automatically charged per month?
Lawyer: Debra, Lawyer replied 2 months ago

I don't know. I don't work for the site.

So please ask customer service about that.

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Customer reply replied 2 months ago
i will. thank you for your help.
Lawyer: Debra, Lawyer replied 2 months ago

You are very welcome. Please be sure to rate me before you leave the site so that I can receive credit for my work.

Thanks and take good care.

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Customer reply replied 2 months ago
Hi again....can i serve the statement of defence and serve it at the same time i serve the intent to defend?
Customer reply replied 2 months ago
Also, I found a document online that I can use (Form 18A). Do I need to list all the paragraphs as stated in the claim that was served to me? There are 15.
Lawyer: Debra, Lawyer replied 2 months ago

No. You must serve the notice of intent to defend before the 20 days pass.

Yes you do list them but just as group so you say I agree with 1,2 and 3 and have no knowledge about...... and I disagree with..... by way of example.

I am leaving for a meeting now but will check back in case were are still not done when I return.

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Customer reply replied 2 months ago
ok thank you
Lawyer: Debra, Lawyer replied 2 months ago

Please do be sure to rate me as I cannot get paid if you don't. But it doesn't close the post of course.

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Customer reply replied 2 months ago
will do
Customer reply replied 2 months ago
If i serve the intent to defend today (before the 20 days), can i also serve the statement of defence? I just don't want to have to travel to their office twice as it's about an hour away.
Customer reply replied 2 months ago
What does this statement mean? "4. (Set out in separate, consecutively numbered paragraphs each allegation of material fact relied on by way of defence.) "
Lawyer: Debra, Lawyer replied 2 months ago

If you serve the statement of defence now you are not gaining the ten extra days.

You can serve by fax.

4 is where you tell the your side of the story. So you would set out their the facts that you want the court to know.

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Lawyer: Debra, Lawyer replied 2 months ago

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

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