Re: HELP!! lawsuit commenced against me for a CDN$700 debt????

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Posted by Bob on May 14, 2001 at 05:45:34:

In Reply to: HELP!! lawsuit commenced against me for a CDN$700 debt???? posted by fred on May 13, 2001 at 18:54:04:

I sounds like you are in Canada, so it may be slightly different than in the US.

For American lawsuits, the debtor will know for sure when s/he receives a Summons and Complaint. The Summons probably says something like, "You Are Being Sued" right there on it. It will specify the court involved, and maybe give information about responding by a certain date. The Complaint would be a short description of the facts from the perspective of the plaintif ("Joe Schmo got a credit card from us, ran up a balance, and didn't pay it back as agreed.")

The plaintif is required to make a sincere effort to have you served with the Summons and Complaint, although if the defendant can't be found (e.g. moved without a forwarding address, etc), or resists being served, the lawsuit can still proceed.

If you have received a Summons and Complaint, then you most likely are really being sued. And if this really is your debt, then it is probably a simple, "open-and-shut" case where the plaintif will easily win.

On the other hand, if you haven't received a Summons and Complaint, and some collector is just saying that you are being sued, try to get more information from them. Ask to know the specific court involved. Point out that the issue of the Summons, and ask why you haven't been served with one yet. If the collector cannot provide this information, then it may be an empty threat. In the US, it is a violation of the federal Fair Debt Collection Practices Act to threaten legal action which the collector doesn't really intend to take.

Anyway, as I said, things may be a bit different in Canada. I suggest going down to you local county clerk's office (maybe at the courhouse or nearby - check the phone book), and ask them what kind of official notification to expect in case of an actual lawsuit, etc.

Good Luck.

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: I sounds like you are in Canada, so it may be slightly different than in the US. : For American lawsuits, the debtor will know for sure when s/he receives a Summons and Complaint. The Summons probably says something like, "You Are Being Sued" right there on it. It will specify the court involved, and maybe give information about responding by a certain date. The Complaint would be a short description of the facts from the perspective of the plaintif ("Joe Schmo got a credit card from us, ran up a balance, and didn't pay it back as agreed.") : The plaintif is required to make a sincere effort to have you served with the Summons and Complaint, although if the defendant can't be found (e.g. moved without a forwarding address, etc), or resists being served, the lawsuit can still proceed. : If you have received a Summons and Complaint, then you most likely are really being sued. And if this really is your debt, then it is probably a simple, "open-and-shut" case where the plaintif will easily win. : On the other hand, if you haven't received a Summons and Complaint, and some collector is just saying that you are being sued, try to get more information from them. Ask to know the specific court involved. Point out that the issue of the Summons, and ask why you haven't been served with one yet. If the collector cannot provide this information, then it may be an empty threat. In the US, it is a violation of the federal Fair Debt Collection Practices Act to threaten legal action which the collector doesn't really intend to take. : Anyway, as I said, things may be a bit different in Canada. I suggest going down to you local county clerk's office (maybe at the courhouse or nearby - check the phone book), and ask them what kind of official notification to expect in case of an actual lawsuit, etc. : Good Luck.

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