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I'm in Saskatchewan and am wondering what the term "the

I'm in Saskatchewan and...

I'm in Saskatchewan and am wondering what the term "the defendant has waived presentment for demand, payment, protest and notice of protest and dishonour." means.

Lawyer's Assistant: Have you talked to a Saskatchewan lawyer about this?

No, I just got served with a statement of claim on Friday and I am writing my statement of defense for a mortgage signed by my corporate company and guaranteed by myself personally

Lawyer's Assistant: What steps have you taken so far?

To start writing my statement of defense.

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

Well here's some of the facts:

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Answered in 47 minutes by:
1/19/2018
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 104,488
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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I don't see the facts. I believe your post may have been cut off.

Please go ahead and set out what you would like for me to know or are you just asking what that phrase means?

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Customer reply replied 4 months ago
I purchased a business and received financing through Newsask Community Futures Corp. I was paying various arrangements, only interest if times were a bit tight and bi-monthly when I could. I forget offhand the year, but I noticed that I was being charged more interest for a May payment then an April payment, which would be mathematically impossible if the principle is decreasing. Or so I thought. I brought it to the attention of Newsask's management but they never looked into it other than to say they contacted their software supplier and the software supplier said the program wasn't wrong. But it is because it wasn't programmed to calculate interest on bi-monthly payments only monthly payments. In the process I amalgamated the corp I received the loan for into the corp I purchased and continued to make payments. When Newsask found out that the City of Melfort had put a tax lien against my property they wanted a new agreement guaranteed by the same guarantors as originally or they wouldn't accept the change to the corp I purchased. The original guarantors wouldn't sign because 2 were my parents and wouldn't sign until the interest issue was figured out and the other guarantor was my husband at the time who I have since been separated from since 2012 and he refused to be bound to my debt. So now they want to seize my property and sell it for an $11,000.00 debt and have never acknowledged, even when provided proof, that the interest is wrong therefore the debt amount is incorrect. I have never stopped making payments until Newsasks rep stopped at my office and said they wouldn't accept my cheques and I had to deal with their lawyer, who I had not heard of or from prior to that meeting with the Newsask rep. So when I received the statement of claim there was an instance of the sentence I had asked about in there and I didn't know what it meant. So with the additional facts, what does the sentence mean?

The statement means that once you go into default they can sue you and don't have to do anything more beforehand.

It's standard and nothing hinges on it in anyway.

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

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Customer reply replied 3 months ago
There are a couple of troublesome things with this claim. Number one is how can they file for default when I have never stopped making payments and they actually requested I stop submitting payments and deal with the lawyer. Number two is the company I have now is listed as a guarantor but I didn’t sign the papers as I didn’t own it and that Corp has never been served a statement of claim. Only myself personally. So how would I proceed on those points ?

Please rate my answer for the original question now.

Then please start a new post for the new question. You have a subscription which means you won't be charged for new questions. When you post the question you can say this is only for Debra and I will be the one to answer.

Thanks

Debra
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Category: Canada Law
Satisfied Customers: 104,488
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