Collection Agencies - I am being sued in small claims court by TCR. I need advice..... - Canada

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RE: I am being sued in small claims court by TCR. I need advice.....

Postby nameuser » Mon Sep 20, 2010 03:15:00 PM

Or he could contact a lawyer.... rather than take legal advice on the internet :)
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RE: I am being sued in small claims court by TCR. I need advice.....

Postby footloose » Wed Sep 15, 2010 08:27:57 PM

Ontario Regulation 258/98 under the Courts of Justice Act, details the "Rules of the Small Claims Court". Rule 8 outlines the requirements for a valid service of documents. If a statement of claim is served by registered mail, the letter MUST BE SIGNED BY THE DEFENDANT and nobody else. Otherwise, the serving of the statement of claim is NOT VALID. You can wait until you receive a default judgement and then file a motion with the court to have the default judgement set aside or request an adjournment of the case citing failure to receive the statement of claim in accordance with Rule 8 as a ground for seeking relief Go to your local post office and request a copy of the signature for this letter. Also, go to the small claims court ( address is on the statement of claim ) and request a copy of the affidavit that was completed by the plaintiff verifying proof of service and see if there is any mention of your signature. This document is signed in the court office under oath and if it mentions that you signed for the document, the plaintiff has committed perjury ( lied under oath ) and the courts take this action very seriously, When you file a motion to the court, include the signature obtained from the post office and the affidavit as support for your claim to have the default judgement set aside or request that the case be adjourned.
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RE: I am being sued in small claims court by TCR. I need advice.....

Postby nameuser » Wed Sep 15, 2010 05:55:56 PM

Contact a lawyer (probably won't cost you anything)

You need to know if they can amend a judgment name if they don't have your legal name listed anywhere then they aren't actually suing you.

If you file a defense saying that isn't you though, they will just amend the statement of claim to show your name properly.

If they're not able to correct a name post-judgment then they could waste a lot of money getting the first judgment and have to go through the process again.

BUT CONTACT A LAWYER AND GET THE CORRECT INFORMATION
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I am being sued in small claims court by TCR. I need advice.....

Postby itsfinallytime » Tue Sep 14, 2010 08:39:18 PM

I am a divorced dad with a teenager, and many hard days behind me. After recovering from homelessness - I am now faced with being sued.

With only 4 months left on statute of limitations - I was served court documents for small claims by Total Credit Recovery (ex-left me with surprise debts, an $11,000 Sears MasterCard that I had for 17 years before defaulting). Oshawa Court.

The facts:
-my 18 year old son signed & accepted the registered mail. I was not home.
-I have not spoken to any collection agency (or TCR) or acknowledged this debt in 1 year & 8 mos. They've left messages on an old telephone line that I've never returned (I was down and out).
-court documents show my previous address - but was mailed to my new address (how did they find me?). I now live in Toronto.
-court documents show my name incorrect:
For example - say my name is Jon Anderson or Jonathon Anderson on my ID......in the claim they have "Jeff Anderson" aka "Jeff Jon Anderson".

What does anyone think of my chances of filing my defence and claiming I am not this person, and this is not my debt?

Any insight, advice or comments, really appreciated!!

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