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stressed2max
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Joined: 05/March/2012
Location: alberta
Points: 2
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Topic: served and not sure what to do Posted: 05/March/2012 at 2:41pm |
So I have been sued and I am really not sure what to do. The notice says to file a notice to defend but I don't know how or even when the court date is going to be.
Is it 20 days from when you are served or when it is filed? If filed I don't have much time. I have a debt, I want to pay it, I could never afford what they wanted I just don't know how to even tackle this. Not handling the stress very well.
Could someone who has been through this please point me in the right direction I would really appreciate it.
Thank you
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footloose
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Joined: 21/February/2012
Location: Blyth ON
Points: 81
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Posted: 06/March/2012 at 4:22am |
[Admin note: The posting below is the opinion of the person posting and should not be taken as legal advice] You must file a Notice of Defence within 20 days from the date that you were served, not from the date the claim was filed. If you do not file a Notice of Defence within 20 days, then after 20 days, the creditor will apply to the court for a Default Judgment from which the creditor can then apply for a Writ of Enforcement such as the garnishment of your bank account and wages.
You can either "Google" Alberta Small Claims Court Forms and download and print out the Notice of Defence form or you can visit your local Small Claims Court office and pick up the form there.
Be sure to thoroghly read the instructions carefully before completing the form so that you are comfortable with the information requested. There are 3 options for filing a Notice of Defence. You indicated that you want to pay this debt but not on their terms.
Check off Option 1 by admitting that you owe the debt but also state very clearly the monthly payments you are prepard to make to pay down this debt.
After completing this form, I suggest that you either send it by registered mail ( although not a legal requirement ) or deliver the form in person to the Small Claims Court office. Be sure to keep a copy for your own records.
The clerk at the Small Claims Court office will date-stamp the Notice of Defence and send 1 copy to the creditor. Within 90 days, you will receive from the Court Office a notice to attend a mandatory Pre-Trial Settlement Conference showing a date, time and place. At this Conference, the creditor, you and a Referee/ Judge will be in attendance to discuss the claim and your Notice of Defence.
The vast majority of cases are resolved amicably at the Pre-Trial Settlement Conference with only about 2-3% of all cases ever proceeding to a Court Trial.
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SolveStudentDebt
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Joined: 05/November/2003
Location: Canada
Points: 5996
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Posted: 06/March/2012 at 8:10am |
If you want to bypass all that and have it solved without incident without huge costs you can call us privately and book an appointment. We specialize in these mediations and interventions.
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Solve Student Debt specializes in solutions for students and graduates in student loan default, and those at risk of defaulting. solvestudentdebt.com
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FreedomFighter
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Joined: 28/April/2011
Points: 24
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Posted: 06/March/2012 at 7:14pm |
You can also take it on yourself and meet with whoever is suing you in the pre-trial conference and come to an agreement on an affordable re-payment plan. It's pretty painless. Who is suing you?
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FreedomFighter
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Posted: 06/March/2012 at 7:14pm |
Oh, it also didn't cost me anything.
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SolveStudentDebt
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Joined: 05/November/2003
Location: Canada
Points: 5996
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Posted: 07/March/2012 at 3:30am |
Why go to court though? Just call the private legal agent and prevent it from even going to court. It is a phone call. If it is the attorney general for Canada then it is best to simply cont6act the legal agent charged with the file and make arrangements. If there are complications then it is time to get professional help at that point if it comes to that. If is a collection agency suing for a bank risk loan than it is not that easy.
Not every case is as easy as yours was. I agree that it is best to communicate with them to make arrangements but I do not agree with waiting for it to go to court proceedings. That can all be avoided because it is not necessary.
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Solve Student Debt specializes in solutions for students and graduates in student loan default, and those at risk of defaulting. solvestudentdebt.com
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FreedomFighter
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Joined: 28/April/2011
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Posted: 10/March/2012 at 3:56pm |
I didn't go to court. I met with an agent and a judge and it didn't cost a thing. We sat down and discussed payment and were negotiating right there. No cost and an hour of my time.
Also why NOT go to court if you have no other option? If we start going to court over this crap, then maybe it will be brought to light how ridiculous a position many of us are put in. We are often in impossible situations, it could be worth it going to court. Let a judge see the whole situation and tell us how we are supposed to pay back ONE loan that is now split into many different loans. Let a judge hear how we've been continually verbally abused by collectors even AS WE'RE PAYING BACK LOANS!!!! Let a judge hear how many people are seriously affected by these loans, many to the point of extreme depression and even suicide. It's not a coincidence that so many people out there have student loan problems AND health issues.
What this forum doesn't need is someone coming on using scare tactics and plugging their own for-profit business repeatedly. It's great that you have valuable input you want to share, but the posts where you offer nothing but "hire me!" (like this one) are getting tedious and are spam-like. I'm surprised the admin allows it.
It would be great to have discussions without the constant "hire me!" stuff. We're already poor-broke-assed people who literally have NO money to spare. If we can find a way to get thru this stuff ourselves, I think that should be a priority. Discussion should be free and fluid and open, without a constant sales pitch.
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administrator
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Joined: 25/January/2003
Points: 1798
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Posted: 10/March/2012 at 7:11pm |
FreedomFighter, I understand your concerns about allowing Johnny to promote his business, but he does so with my permission. Also, I dont think its fair to use the term scare tactics in the same sentence about plugging a business. If you are referring to Johnny, I can find no reference of him using scare tactics.
There are many times Johnny has posted info without a sales pitch, even though he does have my permission to do so.
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Administrator Mark OMeara Author of Let Go and Heal: Recovery from Emotional Pain https://LaughSingWrite.com - http://bit.ly/heal2024
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FreedomFighter
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Posted: 11/March/2012 at 4:39am |
Mark, it's a great and useful resource you have here and I know lots of people who have found some comfort here. And I bet you've probably have spent countless hours of your own on this site. But I just have to ask WHY you allow an individual to constantly promote his business?
It really does affect the legitimacy of the site as well as the discussions. This self promotion has certainly turned me away from the site more than once. I've been coming here for years but don't post often and go through long spells of not visiting (example - after my last post last summer) because I can't stand to see the self promotion on numerous posts. I wonder how many others who have useful personal insights to share, also feel the same?
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administrator
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Joined: 25/January/2003
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Posted: 11/March/2012 at 6:35am |
Thanks for your feedback.... I believe John does good work, so I figure it is better to allow him to promote his business and offer his services...
I cant really think of any solution to what you present. If I don't allow people to know what John can do, then I am doing a dis-service as well.
I would suggest that you just focus on the good that is occurring here. As they say 'take what you like and leave the rest'
IN the years I've had only one other business approach me to post here, but when I researched, I found that they were stepping over the line with the offering of legal services by someone who was not a lawyer. And I found that their paralegal licenses was in arrears and suspended.
There are a number of debt pooling and consolidation ventures that would love to post here, but I don't allow that, but will allow a business to post if I have vetted them. I trust Johnny and therefore allow him to post. None of the other business have ever bothered to meet a test of scrutiny.
Hope that answers your concerns... I'm trying to be transparent and answer your concerns...
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Administrator Mark OMeara Author of Let Go and Heal: Recovery from Emotional Pain https://LaughSingWrite.com - http://bit.ly/heal2024
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administrator
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Joined: 25/January/2003
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Posted: 11/March/2012 at 7:18am |
We're going to hit the 10th anniversary of this site in May. After 10 years of slogging away on this site, I sometimes think I should just give it up. John really knows the student loan stuff, so perhaps I should just close this site and you can go to his site. I rarely get a thank you for my efforts here so maybe its time to move on. I've even had a stalker emailing me. It may be time to walk away and use the time to focus on my family and other creative projects.
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Administrator Mark OMeara Author of Let Go and Heal: Recovery from Emotional Pain https://LaughSingWrite.com - http://bit.ly/heal2024
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SolveStudentDebt
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Joined: 05/November/2003
Location: Canada
Points: 5996
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Posted: 11/March/2012 at 8:35am |
I must interject here and say that I have been here since the beginning and have helped MANY people free of charge. I still continue to do pro bono work for those whoa re in trouble and have no actual income.
There is also a small number of people who are resentful and hateful towards me and my efforts because they were not of good intentions, and I refuse to work with people who have bad intentions. There has been a small number of people who have come to my group for assistance, and then turned looking for help in frustrating the system. In a couple of other cases, people have tried to change the scope of work involved - and also add new scopes of their own with the expectation that it should be free.
Mr. Fighter, you go back and look at all the countlesws hours and assistance I have given to people here at no cost and then you will see that I am, and continue to help people fight the same fight you are preaching about. THere are more than 4600 posts, many of which contain advice, navigation, analysis, and other valued help tools at the party's disposal. Be fortunate that there is someone out there who can work with this particular community and help them in various ways.
Everything you have described about your situation, it is routine. You met with a judge. Out of court. It still had to end up in the proceedings of legal action for you to do it. what I was saying was that it doesn't even have to go that far to resolve these problems.
If you have a problem with me and my business that is your gig. If you are angry and bitter towards me for for whichever reasons, that is your gig too. If you are bitter and angry because Mark allows my presence here on this site not because of friendship, but because of what I and The CFW Group Inc is capable of doing for ANY student loan borrower in a time of crisis, then go open a company and do it triple full-time like I do. Stop complaining, enjoy the fruits of your own efforts, and allow people to have hope that there is an outpost for them to rely on when they need it most. If it were a pefect world none of this would be happening in the first place. It is not perfect though so stop kidding yourself that everything can be done for free.
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Solve Student Debt specializes in solutions for students and graduates in student loan default, and those at risk of defaulting. solvestudentdebt.com
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whid
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Joined: 13/October/2011
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Posted: 11/March/2012 at 9:35am |
I appreciate your efforts Mark. You have saved countless people and given them hope knowing they are not alone. What you do makes a difference. I have said that in the past and I'm sure other people have but may not have wanted to express that publicly. Further, with Freedom Fighter's post, it is also your site and you have the right to allow anyone you deem fit to post. It is not for any of us to question you let alone publicly, bringing into question your integrity or John LeBlanc's intentions. Freedom Fighter, as John alludes to, should recognize that the problem isn't Mark's site, nor John's business. It is the system. I don't feel it is right that Mark, nor John, should be questioned publicly with vague conjecture that is damaging and implies with a direct inference that the relationship tarnishes the validity of one and therefore the other. Public insinuation of wrongdoing through a loose association is far more than Mark or John deserves. Freedom Fighter should carefully analyse their words and ask if they are really being fair by making such vague and loose statements public. If they were really concerned this could have been addressed privately. In terms of John mentioning that his services come with a price, that practice is called being honest, forthright and up front which is far from the nefarious practices of junk mail, internet phishing and infomercials that promise the world - only to find out at the end that there's a fee involved. Being upfront is honesty and not setting someone up for unrealistic expectations.
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FreedomFighter
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Posted: 11/March/2012 at 2:06pm |
Thanks for answering and being transparent Mark, I do
appreciate it. I can see allowing advertising
on the site (banner ads, etc) but to allow advertising in discussion threads
where people are desperate and looking for immediate help still doesn’t make
sense to me. If visitors wanted to seek a paid service,
they only need to look at the top of the main page to see an ad for the
business. This self-promotion is
certainly never a practice I’ve seen on online forums and I run numerous websites and moderate many
forums. It is rarely, if ever allowed. Surely the banner ads would speak for
themselves as would other, satisfied customers who would direct others to the
service? Anyways, that’s your call, and you answered my
question, so thanks again. I’m glad you had success with the business and
support it.
Johnny – since when did asking a simple question turn into
someone being angry and bitter? I’m neither of those, nor am I "resentful and hateful" towards you. Not sure how you could get that from my question to Mark, but to clarify - I have no problem with you or your business
as I’ve never dealt with you. I am
speaking the truth from what I’ve experienced on this site. Although you provide advice, there are also
countless posts where all you do is advertise.
It honestly made me question the integrity of the entire site as well as
that of your advice. In my mind, the two
don’t go hand-in-hand. Advertising is fine,
especially if your business as great a resource as Mark says, but to litter many discussions with nothing but advertisement is not only annoying, it’s
oddly suspicious to a newcomer. But allowing it is
Mark’s call, not mine. I only hope that future visitors who think the same come
upon this post and read the reasoning behind it. They can then form their own
opinions.
As for things being done for free – I think we should encourage
people to try to do things on their own and solve their own student loan problems by taking control of it themselves. The sense
of power, knowledge and self-worth that comes with that is invaluable! And that satisfaction is going to help people
in more ways than any business can.
Whid – I’m not being vague about how I think the self-promotion
damages the site’s integrity, I’m straight out saying it does. It did for me, and I’m only speaking for
myself here. I asked and Mark gave me
his answer, and although I don’t agree with it and wouldn’t do the same, I
appreciate his honesty. And as for
asking these questions publicly… hello, welcome to the internet! Been here much? If I’m asking the question, maybe others are
wondering the same thing. I’m relieved to see an open discussion on this, as I wasn't sure my posts would even get approved, that's how suspicious I was. Mark allowing this disccussion says a lot. People can
read our posts and form their own opinion on the matter, if it is a concern to them.
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administrator
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Posted: 11/March/2012 at 4:26pm |
FreedomFighter While you may have run and moderated many sites, this one is rather unique with a unique problem requiring unique solutions. Yes, it is rarely allowed, even here.... but I do trust John to be fair, and if I hadnt allowed him to advertise, then I am also doing a disservice to the community. I know of no other business that can accomplish what he does without involving a consumer proposal, or bankrupcty or really expensive fees, or that the advocate go through a substantial learning curve to understand this messed up system.
As for encouraging people to do things on their own, there was one post here a few weeks ago of a member going to court on his own and being totally blown away by the misleading and manipulative tactics of the lawyer, and the person's inability to respond to legal issues in front of a judge. Yes, it went straight to a judge for something that should have been simple, but the 'do it on your own' instructions failed this person miserably, and the Crown was not as co-operative or polite as in your situation.
Members have to be careful in providing advice because not all situations are the same.... I would consider encouraging people to do things on their own without knowledge of their situation as being reckless. What worked for you, and your personal style and type .... (I dont think you are easily intimidated) may completely backfire for someone elses' mindset and circumstances.
And maybe the angry and bitter statement was strong, but I think you opened that can of worms yourself by stating "But I just have to ask WHY you allow an individual to constantly promote his business? It
really does affect the legitimacy of the site as well as the
discussions. ...I wonder how many others who have useful personal
insights to share, also feel the same?"
Constantly? nope... Affect the legitimacy? Disagree. His posts add to the information available. I am not an expert on student loans and may times John can answer things I can't. If he cant do it for free he's up front about it and so am I if I recommend him. Hmmm maybe the better question to ask is how many other people DONT feel the same.
Your statement singled out one member, which is uncalled for, and you attacked or lets be softer and 'challenged' my credibility. If you run and moderate many websites, you of all people should know that your post was going to stir things up.
As for the ad's on the site, I've been trying to work out the categories
to block lending... so far I haven't been successful, but working on
resolving that issue. I suspect some of the credit repair companies are
fudging their business categories with Google which lets the ads
through... but those ads are certainly under scrutiny and revision.
Now, call me paranoid if you want, but I should point out that the signature "educating one consumer at a time" of the member who posted just before you did - is also the slogan for a business that would be in competition with Johnny..... but I'm sure its just a coincidence. ;)
Now back to regularly scheduled programming....
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Administrator Mark OMeara Author of Let Go and Heal: Recovery from Emotional Pain https://LaughSingWrite.com - http://bit.ly/heal2024
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