Thank you for your help, I really appreciate it.

How this was able to happen and they can just get a judgement like that isn't great obviously. I hunted around for paperwork, hoping that I had pay stubs or anything that would prove the timings but that was eight years ago, I have nothing that would show anything about timings, who keeps anything for that long ago. I don't even know where this amount comes from, nor why it is this amount.

I moved in 2005, in 2004 I was living at my parents home, who are still living there. No one has ever showed up there nor was there any mail that showed up there.

Would the financial form they are referring to be online? One wasn't attached to the two pages that I received. Can they just take whatever assets I have? If that doesn't add up to the amount they are seeking can they go to my employer and garnish my wages or will they give me a "if you fail to maintain any sort of payment monthly... will result in having my wages garnished" Or can they tell my employer anyways? Basically if they do I might as well go to jail because telling them will result in me losing my license, in which case, I won't have any wages to garnish.

Is this examination process in a court room? Will the Judge just look at this judgement and think ahh there is someone who obviously knew there was a judgement out there and now I am going to immediately allow these people to take whatever is "theirs" in whatever form they can get it. Am I going to look like a deadbeat in the mind of the person who I have to see at this Examination? I guess is what I am asking.

I know that ignorance is no excuse, however, I did not know. I have received nothing from this past employer, nothing indicating that this amount of money was owed to them, or even what for. They knew where I lived at the time, no one ever came to me afterwards saying hey, you owe us this and this is why. I worked for them in 2004 for sure. I believe I started in June?Jul and was with them until Sep. The line of work was seasonal and they were shutting down for the winter. Not once did they come and say anything to me and as I have said, my parents still live at the same address.

I read somewhere that a judgement would be on your credit bureau, but there is nothing on it.

I don't know what to expect in July ...

Does any of this really matter now? Do I just go to this examination, answer the questions that I am asked and hand over whatever assets I have and let them call whoever they want because I'm a "deadbeat" and this is what apparently I deserve?

That's what a default judgment is. Unfortunately, all that's required is for the plaintiff to send the statement of claim BY REGULAR MAIL to what they believe, or claim to believe, is the defendant's last known address. In the past, personal service was required by a bailiff, but those days are long gone. Equally, regrettable is the fact that this laxity in service requirements is abused by collection agents and many others.They are only too happy if the defendant doesn't receive the statement of claim (Form 7A), because they know the defendant won't show up to defend the charge, thus making it very easy to obtain a judgment. They know such judgments will be unconditional; that is to say: they will be WITHOUT payment terms that are often spread over many years, for defendants in financial straits.

You'll notice when they really did want to contact you, they managed to do so relatively easily, and that was after almost 6 years.

If certain criteria are met, the defendant can ask the Small Claims Court to overturn the judgment no matter how much time has passed since the judgement. The 2 prerequisites are (1) You must file the motion (via Forms 15A, 15B) as soon as possible after first learning of the judgment; AND (2) you must have an arguable defence; that is to say, one which has merit. Such arguments generally involve defences consisting of (1) showing that you really were not responsible for the damages; (2) that the amount of the judgment awarded was substantially in excess of what was awarded, even if responsible for damages; and (3) the amount of time between when the damage/injury occurred (or when the plaintiff ought to have known that it occurred) and the date of filing the claim exceeded the applicable limitation period (which, in this case, is likely 2 years).

DanielBl

I was not aware of any sort of default judgement. I was never served with any sort of paperwork. The paperwork I received today says that the creditor obtained a judgement against me on May 10 2006. So from what I have read so far, the judgement was issued in their favour, although I was never served or contacted to appear for anything and this is to seize assets or wages.

There was no Form 20I just the H. How is it possible that someone can win a judgement without the Judge hearing both sides?

By the Way: The judgment, which must have been a default judgment, was obtained in October of 2006, while you worked for the plaintiffs during the summer of 2004. The new limitation period of 2 years had already come into force by then. That means they may have filed the statement of claim more than 2 years after the injury was suffered. (You need to see what documents the plaintiff filed to get the judgment to determine this) If that is the case, then you could file a motion (Forms 15A,15B) asking the Court to overturn the default judgment, using the limitation period as an arguable (and pretty foolproof) defence. You need to visit the Small Claims Court office and get the clerk to pull the file to determine when the injury occurred and what date the statement of claim was filed. If the intervening period was less than 2 years, then the judgment will stand - probably with accumulating post judgment interest.

If so, then you need to attend Small Claims Court on the date specified by the Notice of Examination. What you received was a Form 20H. The purpose is to force a defaulting judgment debtor to submit information to the plaintiff about their income and assets so the plaintiff knows what assets they can try to seize or wages they can garnish to satisfy the judgment. What fun! See the link below.

http://www.ontariocourtforms.on.ca/english/scc

It's usually accompanied by a Form 20I which requires you to list financial information about yourself. Warning: Do not fail to show up for this hearing without leave from the Court. They can jail you for up to 40 days for contempt if you do. You need to get this matter settled.

Hi ...

I need some help.

A envelope was dropped off at the door of a place I use to live at. The person who dropped the envelope off asked if I lived there. The guy said he had something for me, didn't know what it was but asked if he could leave it for me. The girl said that I didn't live there, that I had moved but that she could get it to me, she supposed. A couple of days later another envelope arrived in the regular mail.

I have since received the envelopes and found that they contain Ontario Superior Court of Justice Notice of Examination.

My old address is listed and it is for a judgement for me dated may 10/06 in Small Clains court for $13,319.38.

The examination is in Jul and I am suppose to bring all supporting documentation to me. I don't have any sort of documentation.

What do I do?

I worked for these people for a summer back in 2004, this claim was filed in 2006 ... I don't know why they think I owe them this money, this was 8 years ago.

Could someone please tell me what I am suppose to do?

Thank you

jif