[Micke Mcafferty]

Hello

I live in Ontario Canada
I have just spent several days in jail for failure to appear in a small
Claims court for a finding , since judgement was previously passed against
At a trial , and I never appeared at the trial for the finding afterwards .
The reason for such is that I was never served by the person claiming
I owe them money , or by anyone , ever .
I had no idea this was all in motion .
This person claims I owe them several thousand dollars for a home I never
Rented from them , I never rented there , I did visit there , they had
Seen me there I suppose when they would collect rent from the people
Who actually resided there .
It appears to me , they could nt find those former tenants , and has asked me
Many times for their new address , which I have no idea where they
Reside , perhaps this landlord seen me as being un-cooperative in the search for these
People ?
This party has named ed me as owing them money .
He never served me papers , though he's swore documents otherwise , which
Seems in his favour to do such , as I didn't know , I could nt appear , so they get
A judgement against me , not to mention my time in an Ontario Jail .
After uncovering why I was in jail , I went to small claims filed a notice of motion
And a sworn affidavit , saying I was never served , I want my time in court
To defend myself and present the facts , I never rented there .
In less than 1 minute at this hearing , my notice of motion was dismissed because
The judge said I see here in sworn affidavits , you ve been served over a long
Period , so the person who has several thousand dollars to profit , simply
Has to sign a paper saying he served me ,and by not serving me , this party gets
To reach into my pocket , and ruin my credit rating , and I don't get to defend myself ?
Doesn't seem like the country I love and grew up in .
This has already cost me enough money to defend myself , how much more time and
Money do I need spend before justica camn be served ?
Im told I have an appeal process , it's a 1 sheet of paper I have here , I don't
Understand it atall , as Im not a lawyer .
How can this be happening , it all seems so surreal , whom ever I speak to about this
Matter sits waiting for a punch line , they think Im joking oy lying .
Can I ever get a chance to defend myself here and make this party prove I actually
Rented from them ?
What proof do they need to say I was ever a tenant , esp since I wasn't
Please direct me
Cheers

[jenniepepsi]

You need to get a laywer hon. They would be able to assist you in undersetanding all this, and fighting it if there is a way to fight it. I believe you will need proof of where you WERE residing during the lease of this other home.

Good luck hon. This is a horrible situation and I'm sorry your dealing with it.

[Micke Mcafferty]

Thank you

A very quick response indeed .

Are you speaking from an Ontario

Canada perspective ?

It seems shameful I need to have a burden

Of proof of anything , its hard to prove a

Negative

Hopefully I can locate the people I was renting

From that many years ago

Wow!!

[ScottGem]

All you would need to do is provide documentation of your residence. If you can find bills address to your residence during that period that might be enough. Of course getting the landlords to affirm your residence would be the best.

But to serve jail time for small claims is unusual. The only way you could get jail is via a contempt of court citation. For that you must have really pissed off a judge.

[Micke Mcafferty]

Thanks again

I don't know how I pissed off anyone really, I was never at any of these appearances
Because I had no Idea they were taking place Don't know why a judge would get mad at me Since I never actually met a judge to piss him / her off .

I just hope Im not unaware of some other judge being pissed with me right now :)

As a fair warning , it may be rare , but at least in Ontario Canada , this can happen to you if some underhand sod really wants you bad enough Ive heard it may be that I pissed this landlord off when I refused to rat out where the former tennats lived or may be living , and he was able to push for an incarceration , this landlord is a real sneaky sod of a slumlord Told a judge I was served , and the only evidence a judge needed was the slumlord to swear that they served it , and a person can go 2 jail for missing that day in court if they knew of it or not .

That's some heavy manners indeed
THank you again

PS once again are these replies concerning an Ontario Canada scenario ?

[ScottGem]

First, please don't type in short double spaced lines, they are harder to read.

Second, no I'm not talking specifically about Ontario, but I'm confident this is fairly universal.

Yes, you can piss off the landlord so he comes after you, but I can't understand putting you in jail for failure to appear. Again, you need an attorney. You might even be able to sue then for false imprisonment.

[Micke Mcafferty]

Thanks again