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Dilemma, How to deal with a court claim after the debt has been discharged??
Hi, I am looking for input and ideas as I’m sure others have been in similar situations.
1- So i issued a promissory note for a unsecured Bank LOC that was in my wife’s name using Mark’s system meticulously. However in the process of updating all the documents to reflect the Canadian Bills of Exchange Act, Etc., i missed updating and attaching a copy of the “Default and Liability Clause & Notice” to the original contract / LOC Agreement.
2- All was quiet for a while then my wife was contacted via letter by a Law firm representing the bank. As Power of Attorney for my wife i send 1,2 & 3 very detailed conditional acceptance notices with details referencing how the alleged debt has been discharged but we’re still willing to pay in full on the condition that they produce the information that we request. The law firm did not respond at all.
3- In the meantime the bank sent a letter stating they are closing the LOC account, but the alleged debt is still owed.
4- Then the bank started issuing what looked like photo copied statements of the alleged LOC debt $ amount but under a new completely unrelated account number. which we ignored.
5- After some time my wife received a payment demand letter from a new law firm, demanding payment for the alleged debt on the new account number that the bank had been issuing photo copied statements of. Once again i as Power of Attorney replied with the 3 letter conditional acceptance process on the basis that my wife has no affiliation with the listed account number (all xx except the last four digits) Once again i offered to settle in full if only they can produce our specific requested evidence of how my wife is affiliated and or liable for that account number. This law firm did not address a single one of our questions but proceeded to make further threats and to claim that nothing that has been sent to the bank has any validity and that unless we pay up the bank would procced with legal proceedings.
6- Note= the bank CFO was issued and received copies of everything via registered mail, including the conditional acceptance process with both law firms.
7- Now the most recent law firm has filed a claim with the local small claims court for the alleged debt attached to the original LOC account (that has been closed / Charged off) seeking judgment of approx $16k.
8- Other than dropping the ball on “Default and Liability Clause & Notice” i have tons of evidence how the bank has defaulted many many times on this issue.
9- A defense and counterclaim would seem obvious to most. But the fact that this claim issued to my wife’s legal fiction (name) puts me in a dilemma. Because my wife has zero knowledge or desire to face the court, doing so would guarantee a loss. Even though i have POA i cannot legally represent her in court.
10- Has anyone had any success returning a court claim Via A4V?? I’m feeling like that might be one of my few options. I want to avoid unnecessary stress for my wife. This is in Communist Canada….
11- I do have most of Mark’s modules, But i only have a few days left to address this, so I’m open to any and all suggestions. Thank you all in advance.
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4 Replies
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You could complete an affidavit outlining all that has transpired
with evidence as exhibits and submit that to the small claims court (in plenty of time before the court date) and send a copy to the person taking you to court. I did this in one case and the person putting in the claim dropped it once they saw the affidavit. This webinar may help if the court makes any unjust decisions?…. https://solutionsempowerment.org/webinar-accept-a-public-offer-to-contract-eg-statement-of-account-on-your-terms/
solutionsempowerment.org
Access Restricted (Not an Active Member) – SolutionsEmpowerment.org
Access Restricted (Not an Active Member) – SolutionsEmpowerment.org
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@morag-janet-of-the-hill-family.Thanks so much for the reply. Are you suggesting the affidavit as part of a defense filing? or are you suggesting sending the affidavit to the court via registered mail before my 20 day window is up to respond to the claim, If so who would i direct it to at the court? If i don’t respond the plaintiff will proceed to default judgment. Sorry about all the questions but I’m still fairly green with all the rules of civil procedure, and they are incredibly picky here.
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This reply was modified 1 year, 4 months ago by kmar.
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if you are taken to small claims court you can file your own documents that are relevant to the matter before you attend to clear the matter up. Ring the court in you area and ask what is the correct procedure in your area to file an affidavit for a civil small claims court matter that you are being taken to court for.
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Make sure you send a copy to the one taking you to court as well.
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This reply was modified 1 year, 4 months ago by
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