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.

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.

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.

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.

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.

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.

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.

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:

 

  • The Defendant was served with the Notice of Claim.
  • Till you (Plaintiff) knows that the Defendant: (a) should not be on any active duty in the military, (b) is able to read, write and understand the language (English), (c) does not suffer from any legal impairment or mental or physical disability, preventing him/her from attending or that there is anything which would prevent the Defendant from comprehending the nature of the proceedings.
  • You (Plaintiff) has a valid claim and should be allowed to recover a money judgment from him/ her (Defendant).

 

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.

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.
Foster Mendez

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