View Full Version : Default judgement credit card in ontario
ynvm2
Dec 3, 2009, 06:01 PM
I was in a common law relationship for 9 yrs in Ontario. My spouse was the one that made all the money but we were using my credit cards. Over the years Bank of Montreal raised my limit to over $25,000 (I did not ask for this, nor did I qualify). My spouse was using this card for business and when business went down he could not afford to make minimum monthly payments. We had two separate cards with different number, however they only make me responsible for it. They froze all my accounts with Bank of Montreal, took money from my account without my knowledge, and finally serve papers to the address that credit cards statements were going to, even though I provided Bank of Montreal with my new address. They did not serve me any papers at my residence and they obtained default judgement against me, registered with sherriff office. I consulted the lawyer after the fact and he tried to negotiated on my behalf. They ask for $30,000, nothing less. I can not afford any lawyers to help me with this issue. How can I appeal this default judgement? Can I separate these two credit cards and be responsible for my expenses only? I am presently on a sick leave and I don't think that I ever will be able to repay all this? Any help will be gratly appreciated
JudyKayTee
Dec 3, 2009, 06:26 PM
The person who signed for the cards is the person responsible for the debts. Are you saying both cards were taken out in your name alone OR one was yours and one was his? Did he ever sign a credit card agreement with the bank?
If the Attorney felt you had no grounds to set the Judgment aside and couldn't negotiate for a lower amount, I'm sure no one here can do that, either.
You can always sue your boyfriend for the charges he made but that is going to be an uphill battle.
How long ago was the Judgment taken?
ynvm2
Dec 3, 2009, 07:30 PM
Thank you for your fast response. The agreement was signed only by me, 22 yrs ago for $500.00 credit not $30,000. When I met my spouse I asked the bank to issue a separate cart in his name. They spoke with him over the phone and issued him separate cart, same statement, he had a full access to the account. They served him papers, but I never received any correspondence from the bank at my new residence address. They obtained default judgment against me and my spouse as well. He tried to negotiate with them telling them that he is only responsible for this debt, however our residence is only in my name, so they do not want to talk to him at all.
My lawyer will take this case to appeal it by I can not afford him at the present time.
Judgment was obtained in May this year, and I just learned about this today. I new I owe them money, but I did not know they got judgment against me.
ScottGem
Dec 3, 2009, 07:41 PM
Asking for a card in your spouses name just makes him an authorized user, not a co signer.
You don't say when you split, but if you were still considered married at the time the papers were served, hie was acting for both of you and never let you know what was happening.
ynvm2
Dec 3, 2009, 07:56 PM
We separated 2 yrs ago, when I moved out, but we are still in touch since he stays in the property that is under my name
ScottGem
Dec 3, 2009, 08:14 PM
You can try to see of you can get the judgement vacated under the grounds that you were never served.