Yes, a newcomer would be warmly welcomed here......but not if they criticize buzzards, er I mean financial debt resolution specialists. The website advertisers don't like that.

Hello !
I am also a new member. Would a newcomer be warmly welcome here? Good day you guy !

__________________
http://moviesonlinefree.biz

I agree with footloose I had a similar problem but found a solution that allowed me to easily create the documents I needed in court. I honestly do not understand legalize but there are affordable options to aid people such as myself at My Legal Briefcase a small claims web service.

Hi cyrilpaz

Good post by MeMyself. Let me add some furher thoughts. As he says, you are in the court process now and he is absolutely correct. It now becomes mandatory for you to file a Defense Form 9A. I don't care what defense you use. It could be as simple as "I don't remember signing the application form and the loan agreement", or "I didn't receive a copy of the loan agreement, therefore I dispute the N.S.F. charges".

HERE'S WHY

If you do not file a defense and 20 days comes and goes, then Prudent Financial can file a Motion in the court requesting the judge to issue a DEFAULT JUDGEMENT. When this judgement is issued it becomes a public record and credit bureaus pick up these public records and place them on your credit report where they remain for 6 years from the date the claim was filed, NOT from the date the default judgement was issued. Even if you were to settle this debt in total the day after the default judgement was issued, while Prudent Financial could not garnish your salary or seize your bank account, the default judgement would still remain on your credit record for 6 years. You have to avoid this at all costs. When a plaintiff gets a court order, default or otherwise, and they want to garnish your salary, then they have to file a motion in the court office for a GARNISHMENT order signed by the judge. It is not automatic. So you can see that you must stop a court order at all
costs. The only way to do this now is to file a defense and get the matter to the settlement conference. Once there, you can agree to any terms you want with Prudent Financial. Once you and Prudent come to an agreement, both will sign a TERMS OF SETTLEMENT Form 14D which will be filed at the court office. As long as you honour the terms of settlement, this matter will have been brought to a successful conclusion. I don't care if you have to BEG, BORROW, OR STEAL the money to honour the terms of settlement. As Nike says: JUST DO IT.

This has been a real lesson for you. I hope that you have learned from this experience and will keep yourself out of these problems in the future.

Good Luck and have a GREAT DAY.

You said in a earlier post that you wanted to pay the debt, but needed time. So admit to the debt, offer to pay the debt, and if you want you can fight them on the court costs and the NSF charges. They may find it more work to collect these other charges than it is worth, but if I were you I would be prepared to pay them to. You can negotiate a payment plan, but after you agree to it you have to stick to it. Do not be late with a payment at all. You are in the court process now!

Should I admit full or part of the claim and propose continuing the payments, or should I deny everything? I never singned the application form but I did sign the loan documents does this make a difference?

Thanks footloose;

Do you have any advise on what I should say in the defense papers? I still have time to file, I only got the papers last week. If I pay them off in full at the conference will this show on my credit bureau that they went to court to get their money? or is it only if they get a judgement against me does it show on my credit report?

Hi cyrilpaz

On your post on Wed. July 7, you say that you received some court papers by registered mail. What date did you sign for this envelope that contained the court papers? That date is extremely important to know. If you plan on filing a defense (Defense Form 9A), and I strongly urge you to do so, then you have 20 days to file your defense at the Small Claims Court Office shown on the court papers you received. That 20 days runs from the date you signed for the registered letter until the Small Claims Court actually receives your Defense Form.

There are 2 ways to file your Defense Form at the Small Claims Court Office.

1. Take your Defense Form along with 2 copies to the Small Claims

Court Office (total of 3 copies). The clerk will stamp all 3 copies.
One copy will be mailed to Prudent Financial, one copy will be

returned to you and the court will keep one copy for their file.

2. If it is not convenient for you to visit the Small Claims Court Office
(it is too far away or you do not have the time) you can use the

services of a process server company who will do this work for you.
I highly recommend Canadian Process Servers. You can Google this
name. They have an excellent website and can answer all your

questions.

Remember, there is a filing fee for filing a defense and your local Small
Claims Court Office can assist you in providing Form 9A along with the amount of the fee.

After you file a defense form, you will get a notice in the mail from the court office telling you to come to a settlement conference (usually within 90 days of filing the Defense Form). Prudent Financial will also receive this notice. This conference will be presided over by a judge. Here, you have an opportunity to resolve your differences, and come to an agreement. If you and Prudent Financial cannot resolve this problem with the judge, then the matter is set down for trial at a later date. This can get rather costly, so if at all possible, try to solve your differences at the conference. If you do have to go to trial, it will be a different judge who presides at the trial.

I hope this answers your query. If you have more questions, post them here.

P.S. Nothing happens on your credit report until this matter is resolved
either at the settlement conference or at trial.

Good Luck and have a GREAT DAY

If you are being sued your credit report should already be in bad shape, but I do not know what specifically will appear on your credit report. Your bad debt will be on your credit report for 6 years I believe. But if you settle, then they will say that, and it will look better than if the debt is outstanding. Don't get to stressed about it.

I live in Ontario, does this show on my credit report that I'm being sued? What happens to to my credit bureau if I settle with them?

Thanks for your advise!