This past week a Major Canadian Bank filed a Statement of Claim against my wife and myself (approx. amount $25K - balance of an outstanding mortgage)
This claim was date stamped Monday July 21, but not delivered to our home till Saturday, July 26 with no other indication that they had tried to deliver it prior to Saturday.
Both my wife and I were away from the house at the time and the Statement of Claim was received by our boarder. This leads to my first question:
The actual document was not enclosed in a sealed envelope as per Rules of Civil Procedure R.R.O. 1990, Reg. 194, r. 16.03 (5) - Can I file a legitimate complaint and how? (I will be interested to see if I receive the mailed copy as required by the same rule)
My other question relates to the time to respond. We are aware that the period is 20 days, but starting when... from the date stamped on the document or the date of actual receipt (which was 5 days later).
In all likelihood we will settle this claim and not file a motion of defense, however we are extremely annoyed with the bank and their process server for violating our privacy in the manner which they served the document.
I welcome any input from my legal beagle gurus out there.
Cheers

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Originally Posted by Hamvia

This past week a Major Canadian Bank filed a Statement of Claim against my wife and myself (approx. amount $25K - balance of an outstanding mortgage)
This claim was date stamped Monday July 21, but not delivered to our home till Saturday, July 26 with no other indication that they had tried to deliver it prior to Saturday.
Both my wife and I were away from the house at the time and the Statement of Claim was received by our boarder. This leads to my first question:
The actual document was not enclosed in a sealed envelope as per Rules of Civil Procedure R.R.O. 1990, Reg. 194, r. 16.03 (5) - Can I file a legitimate complaint and how? (I will be interested to see if I receive the mailed copy as required by the same rule)
My other question relates to the time period to respond. We are aware that the period is 20 days, but starting when...from the date stamped on the document or the date of actual receipt (which was 5 days later).
In all likelihood we will settle this claim and not file a motion of defense, however we are extremely annoyed with the bank and their process server for violating our privacy in the manner which they served the document.
I welcome any input from my legal beagle gurus out there.
Cheers

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The time runs from the date service was completed - that would be the follow up mailing date. However, I wouldn't wait until the last moment to answer.

You don't file a complaint - you file to dismiss the action on the grounds of no or insufficient service.

You don't know - if it was served on a boarder - if it was in a sealed envelope and the boarder opened it. People open the envelopes all the time and then swear they did not - idle curiosity.

Papers are almost never served on the day they are stamped and dated - it take times to get them picked up from the Court and delivered to the person who will actually do the service.

Do you owe the debt?

Thank You for your response.
Yes we do owe the debt and are currently arranging $$ to make a settlement.
However, not before I speak to an attorney re: the validity of the claim.
It is only Tuesday but still no mailed copy.

Quote:

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Originally Posted by Hamvia

Thank You for your response.
Yes we do owe the debt and are currently arranging $$ to make a settlement.
However, not before I speak to an attorney re: the validity of the claim.
It is only Tuesday but still no mailed copy.

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I can't speak for Ontario but in NYS - and many other States - the mailing must occur within ten days. Not the receipt, the physical mailing.