Collection Agencies - CRS taking me to court. need help fast please - Canada

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RE: I GOT MY LOAN FROM THEM

Postby dandyrough » Tue Sep 10, 2013 07:51:36 AM

It seems that no one reads the court rules, here is the one I put at the very front of my court claim I believe that is the reason no action hes ever been taken against me even though the judge rules against me.

Supreme Court Rule 3-7

Status admitted

(10) Unless the incorporation of a corporate party or the office or status of a party is specifically denied, it is deemed to be admitted.

That means if you don't deny being a corporation then you will be treated as if you are one and the government is the creator of all corporationsw in Canada - corporations have no human rights. Make sure you say it out loud so that it goes into the record. No judge has authority over another human but have total authority over coproations.
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RE: I GOT MY LOAN FROM THEM

Postby dandyrough » Tue Sep 10, 2013 07:52:02 AM

It seems that no one reads the court rules, here is the one I put at the very front of my court claim I believe that is the reason no action hes ever been taken against me even though the judge rules against me.

Supreme Court Rule 3-7

Status admitted

(10) Unless the incorporation of a corporate party or the office or status of a party is specifically denied, it is deemed to be admitted.

That means if you don't deny being a corporation then you will be treated as if you are one and the government is the creator of all corporationsw in Canada - corporations have no human rights. Make sure you say it out loud so that it goes into the record. No judge has authority over another human but have total authority over coproations.
dandyrough
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Posts: 13
Joined: Tue Aug 30, 2011 02:15:35 PM
Province: BC


RE: CRS taking me to court. need help fast please

Postby sportsmom » Tue Oct 02, 2012 06:59:26 PM

yes. i have a contempt hearing because i did not attend the examination hearing... i honestly didnt understand it and didnt think it was legit because i hadnt received anything in 4yrs.
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RE: CRS taking me to court. need help fast please

Postby TJ.brooks » Tue Oct 02, 2012 06:51:54 PM

Contempt??
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RE: CRS taking me to court. need help fast please

Postby TJ.brooks » Tue Oct 02, 2012 06:49:11 PM

No you can not use not being served as a defense for not paying this debt. At best the judgment would be set aside and a new trial would be held to give you an opportunity to present a defense as to why you never paid this debt.
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RE: CRS taking me to court. need help fast please

Postby sportsmom » Tue Oct 02, 2012 06:33:33 PM

So I can use the fact that I did not receive the statement of claim as a defense then? Do I even stand a chance? Do they have to serve those kind of papers personally?

I have filed a motion for contempt and to set aside the judgement.
Any advice on how to prepare?
The thing that bothers me is why they are doing this 5 and a half yrs later after the original judgement?
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RE: CRS taking me to court. need help fast please

Postby TJ.brooks » Tue Oct 02, 2012 01:55:04 PM

Makes no difference when the judgment was given....if they filed 3 mths prior to the end of SOL they have done it right.
You can go to small claims and file a motion to have the judgment set aside arguing you never recieved a Statement of Claim and we're not aware of the trial date.....but what would now be your defense.
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RE: CRS taking me to court. need help fast please

Postby sportsmom » Tue Oct 02, 2012 10:57:40 AM

ok. So I have received a copy of the original claim, and a copy of the default judgement.

The default judgement was made 3 months after the original claim. And was made 1 day shy of the 2yr mark that they say my last payment was made. Which to me sounds a little suspicious...I am looking for old bills, but its been over 7 yrs, so lots of paperwork to go through!
These papers were never given to me personally, it claims it was mailed and a copy given to someone who lived at my residence. I personally never recieved them. Do I not have to be handed these types of claims personally?
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RE: CRS taking me to court. need help fast please

Postby TJ.brooks » Wed Sep 26, 2012 08:48:40 PM

Your credit report will also indicate when the judgment was awarded thereby giving you a good indication when the suit was filed.....you need that date.

However you still need to address the contempt right away.
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RE: CRS taking me to court. need help fast please

Postby TJ.brooks » Wed Sep 26, 2012 08:36:52 PM

Go to the small claims court and confirm when the action (lawsuit) was launched and forwhich card.

If the action began 2 yrs or more after your last payment on that card.....its too late for them to usee the courts

Seems very unlikely the judgment was awarded 5 yrs ago and they only started the hearing process 6 mths ago.
You need to confirm original filing date for the lawsuit.
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