Last Updated on: July 2020

What To Do When Receive a Statement Of Claim On Mortgage?

The expression goes “Desperate times demand desperate measures.” If you haven’t been in one or wish to avoid the experience read on.

 

Times like this remind me of the story of my old neighbor, Jacky. Although he was a hard-working man and never let anybody down, the recession of 2008 hit him pretty hard.

 

He lost his job and things spiraled quickly. Demand letters and statements of claim soon piled up in his mailbox.

 

Jacky had a lot of pride and figured he could handle the situation so he ignored many of the letters. Unknowingly, the wheels were in motion to detail his life. The letters kept coming, and by then he was in crises. As a result, he lost his home and was forced into the unimaginable pain of living in his car.

 

As bad as it sounds, it is even worse when someone has to go through it. That someone can be you and those statements of claim can land at your doorstep.

 

If this has already happened or is happening to you it is time to knock on the doors of help and come out of those claims ASAP.

Before we start let’s get a few things cleared

What is the statement of a claim?

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what is statment of claim

In simple words, it is a legal document that states a Claim from someone (usually a lender) against you for failure to pay. The person who serves this doc is the plaintiff while the person who gets served is known as the defendant.

What is a “demand letter”?

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demand letter

A demand letter is the first letter they get before the statement of a claim. It is a letter that legally claims, making a demand for restitution.

What would happen if you ignore the statement of claim?

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ignore the statement of claim

The consequences of ignoring a statement of claim are pretty rough. It will result with a judgment in default taken against you. Then you will be asked to settle with the Plaintiff’s attorney. Another downside of letting the Plaintiff secure a judgement in default is paying interest on the Judgment sum which starts getting applied from the date of Judgment till you have finally paid. And don’t you forget the legal costs. You can avoid all of this if you pay upon getting the Statement of Claim.

01

Acknowledge

Unlike Jacob, you have to start by not doing the first mistake, i.e., ignoring these claims. No matter how bad the situation is, the first thing you do after getting a statement of claim is – acknowledge it.

This is very obvious that you will have no idea what to do or what should be your first move but with your acknowledgement, you have already taken the first step. Then comes the help that you have been looking for and that too at no cost.

02

Buy Time

Consider the 2020 pandemic caused by Coronavirus that shook the whole world. Although the government was doing everything to help, there were still many who had no idea what to do or how to get the necessary help. Chaos clouded everybody’s judgment, and that’s the time when you need help more than anything. The next step is all about buying more time for yourselves during hard times.

So when you receive a letter, there are usually three options that can help you buy time

 

option a  You go through all the documents along with the laws to figure out a way on your own which is dangerous, and time consuming. Remember we are trying to save time and not waste it so if you don’t know what you are doing DO NOT CHOOSE this option.


option b  Get in touch with a lawyer and seek their advice, which you won’t get for free. Because lawyers are the legal advisors who will only offer guidance situation where you landed yourself just because of money, how will you pay them? And they won’t help you to buy time. They will tell you your options which is the truth you live in at the moment but they won’t help you to get out of it.


option c  Us, who knows what it takes to get your life back on track and that at no cost. Yes, you heard it right! We can help you to get your good old days again.Our team is operational 24/7 and holds reliable information of as many as 50 lenders at any point. All at your disposal within a matter of seconds – call us to find out how fast we are in helping you to get out of this situation.

All you need is buy time, get a plan that fits your bill and voila, you are out. Although we can’t promise that you will get 100% help for every situation, honest advice about your situation is always the best step forward.

03

Building a road map

What does that mean, gather all your expenses and everything you own from credit debt to the smallest bill, open a spreadsheet and start typing everything there. To get started, find out what your average spend in the last 3 months is. Thereafter, compare it with what you made. This will give you a wide-eye view of your situation, thus, telling you the gravity of it.

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04

Why are You here?

To find out how you get into this situation, start by laying down the steps that got you in this situation. Was it your job that got laid off? Or did you fail at managing your business? There can be any reason but finding out will certainly allow you to understand what and where it went wrong. Once you find it out, make sure you don’t make those mistakes again.

P.S. – You will be surprised to know how dumb those mistakes can be!

05

claim your life back

Now, this is the part when you set your foot on the paddle to get your life back. You have everything you need and the numbers are right in front of you, all you have to do is talk to a lender. Get the help to ensure that everything is nice and easy. All is left now for you to follow one bill which means only one problem. Also, this is all you need to care about.

Now the question is how much should you make to break even? Get that number and make a list of things you can do to make it happen.

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If your old job is not enough then look for a passive income, and make a list of things you are good at. Hey! Don’t tell me you are not good at anything because this is not true. Take an hour and come up with your talent, try to imagine what made you proud in life. It can be your hobby or something that you used to do when you were a teenager.

06

Explore

The best way to find how to make a passive income is to find platforms that can actually help you make money. It doesn’t have to be a new job, for example maybe your old business wasn’t successful because you didn’t know how to market it, maybe it is a successful business but you don’t know how to save money. At the end of the day everyone wants to make money.

Make sure you audit what you want to do in the future and check in the end if you can get profit out of it. If not, you should stop it as soon as possible.

For more free help just give us a call, it doesn’t cost you anything. But if you don’t, it can cost your life.

I wish you all the best and hope that you get your life back as soon as possible. But hey, I am always there to help at any point.

Good To Know:

How long do they have before they lose it all?

before they lose it all

In Ontario , as per its court rules, the Defendant has 20 days from the date of service of the Statement of Claim to file and serve the Statement of Defence and Counterclaim, if any.

 

The whole process, till the time judgement is delivered, takes somewhere between 6 to 120 months to complete.

How is the Statement of Claim served?

How is the Statement of Claim served?

The court rules of the Superior Court of Justice require the Statement of Claim to be served personally on the Defendant. Once it is served, an affidavit of service is filed in the court to prove that the statement of claim has been given. Alternatively, the Statement of Claim can also be given (served) in an other way –

 

The attorney of Plaintiff makes an application for substituted service in court and the judge presiding over the application will decide how the alternative or substituted service can be carried out on the Defendant. Then the Statement of Claim can be served through the mail addressed to the Defendant or alternatively addressed to the Defendant’s employer or by posting the same at the door of a particular premises or any other place stated in the order for substituted service.

 

A Statement of Claim must be served within six (6) months after being issued from the Superior Court of Justice.

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What should you do if the defendant missed a statement of defence date?

missed a statement of defence date?

If the Defendant misses the date then you may simply ask for a default judgment which would obviously be against the Defendant. To make that happen, you still need to prove to the Judge that:

 

 

It is probable that the Judge might ask you (Plaintiff) to testify. He or she (judge) may also ask you to
briefly present evidence in order to prove the claim.

what should Statement of Claim contains?

Statement of Claim contains

The Statement of Claim should contains the following statement of material facts:

 

  1. Full name of Plaintiff and the Defendant.
  2. The relationship between the Plaintiff and the Defendant.
  3. The facts would also refer to documents or any other thing that is relevant to his action.
  4. The details leading to the alleged breach of contract or breach of duty of care.
  5. The details of the facts surrounding the aftermath of the breach.
  6. The end of the Statement of Claim would state the amount payable by the Defendant including other tangible
  7. losses, interest and legal costs.
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I'm Foster M, and I am here to share the right information that will get you out of legal issues. Unlike many, I know what it feels like almost to lose everything. I have been there. Luckily, I got help and advice from the right people that helped me a lot in getting my life back on track. Today, I aim at ensuring that as much as possible, I should help others in getting their lives back! I hope this article helped someone. I will keep it coming :)

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