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I was just served papers for a small claims case in Toronto.

I was just served...

I was just served papers for a small claims case in Toronto. A friend who I do not speak to anymore lent me a small amount of money last year and since we stopped talking I never paid it back. At the time we were going to start a company (which never actually came of anything, we simply registered the business name thats it ) but she is now serving me with papers saying I owe her 14,500$ for damages (loss of clients) .. but this business never began. The original amount was only 1000$.. so this is quite insane. The reason I stopped speaking to this person was she physically attacked me once and then verbally attacked me quite harshly and threatened my life (She is on medications for her mood swings, and has numerous charges against her for assault ) So I wanted to separate myself from her

Lawyer's Assistant: Have you talked to an Ontario lawyer about this?

I just got served an hour ago with this insane claim No

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

Messaging you Is this not a real person

Lawyer's Assistant: Yes, I'm a bot. I make the process of talking to the lawyer more efficient and affordable by asking basic questions. Anything else you want the lawyer to know before I connect you?

I just need advice as I have never been in this situation before , i don't know what to do okay thank you

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Customer reply replied 3 months ago
She uploaded a bank statement with a 2000$ withdrawal and is saying this was for me (It was not )
She uploaded a 4000$ cheque that she was going to lend to me at the time, but this cheque bounced (I can get a bank statement to prove this )
She lent me 1000$ via email transfer (which I have no problem paying her back) The only reason I did not was because I do not speak to this person.The "company" we were going to start was for home staging but we never actually started anything or had any contacts or anything with anyone, so it is quite outlandish and crazy she would file for losses.
This person is extremely unstable and has a long history and wrap sheet of charges for assault and numerous other issues, so it does not surprise me she would do something like this, but I also do not know what to do about it as it is a lot of money and the whole thing is just completely exaggerated out of control
Customer reply replied 3 months ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer reply replied 3 months ago
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Answered in 1 day by:
3/21/2018
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,504
Experience: Lawyer
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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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Customer reply replied 3 months ago
Thank you

I am sorry to hear this.

But what is your specific question?

Thanks

Ask Your Own Canada Law Question
Customer reply replied 3 months ago
I need to know what to do ... ?
How do I respond ?
Do I need a lawyer to respond.
What steps do I take

I don't think you need a lawyer.

You respond by filling out your Statement of Defence, serving it on her and filing a copy of the Statement of Defence with proof of service (using an Affidavit of Service) with the courthouse. A clerk at the courthouse can swear your affidavit for you. Be sure to attach all documentary evidence to your statement of defence.

After a while the court will get in touch with you and set up a date for a pre-trial settlement conference. This is where a judge who is not the trial judge will try and get you to settle. If you do not settle a while later you will have a trial.

In your Statement of Defence be sure to set out all the facts just as you did above so the court can see just how ridiculous she is being.

Does that help as a starting point?

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.

Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,504
Experience: Lawyer
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Debra and 87 other Canada Law Specialists are ready to help you
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Customer reply replied 3 months ago
Thank you very much. I have never had to deal with anything like this so it caught me off hard . I appreciate your help. If I come across any more questions I will askI feel like there is not many facts as this was more so an idea we started and nothing came of it , now 6 months later she is stating loss of clients etc .
I appreciate you taking the time to look this over

I will be here if you need me.

Take good care.

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Customer reply replied 3 months ago
May I ask you if you know how I go about filing a restraining order ? Do i need a lawyer for this ?
This is something I have been putting off , scared it would set her off more but she has personally threatened my safety , and has physically and verbally assaulted me .. and in lue of this popping up now I’m just worried . She honestly scares me and I’m very worried to run into her
Is this enough to get one ?
Customer reply replied 3 months ago
Also , after I submit my defence , is there a chance the judge dismisses this ? Since there is no backing to her claims or does it go to trial for sure
Just such a headache

I cannot answer about the restraining order on this post but if you start a new post and say "this is for Debra" I will answer right away.

There is no chance a judge will dismiss this before trial. No one reads the statement of defence until the trial.

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