Statement of Claim Received In Ontario Canada
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