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    hannahbee's Avatar
    hannahbee Posts: 3, Reputation: 1
    New Member
     
    #1

    Jun 28, 2012, 07:24 AM
    Risk of further action - statute of limitations
    Hello everyone... and thank you in advance for any help you can provide in answering my question:

    I recently concluded a Small Claims Court action which I initiated as the Plaintiff, and which I unfortunately did not win (they had a lawyer from a top firm; I was unable to afford anything better than a rather unfortunately unconcerned paralegal - I'm sure you can guess how that turned out). In fact, as a result of the horrible direction things took, I was ordered to pay a small amount of court costs to the Defendant .

    I have paid the amount owing in full according to the order, and in a timely manner. That should be the end of a painful and expensive learning experience, but I was quite shocked at how something that seemed so fair and straightforward as a claim could be twisted into such a mockery of utter lies and deceit by a good lawyer and a lying Defendant. As a result, I am feeling untrusting of the whole court process and justice in general, and am wondering what chance, if any, there is of the Defense trying something nasty in retaliation.

    My specific question is: if the court case was initiated in January of 2010, court costs were awarded in February of 2012, and paid fully in April of 2012, what chance is there that the Defense could countersue or continue to ask for anything more in this matter? I don't believe it is likely, and there is nothing I can think of that they could possibly use as a basis, but my faith in 'justice' was rather shaken by this whole joke of a court case, and I am worried that I could be being naïve in thinking it is finished, as I was in thinking everyone would actually tell the truth on the stand.

    Should I be asking for some kind of letter of closure/proof of payment from the Defense? If so, is that something I would be asked to pay for, or do they have to provide it if requested? I was hoping there was some sort of form of closure/release available through the Small Claims Court, but have been unable to find anything like it on their Forms site.

    I'm so looking forward to having a little bonfire with all this paperwork so that I can finally close the door and move on, but don't want to do so unless fairly certain it is truly finished.

    Thanks again for any reassurance or answers anyone can provide... much appreciated! :)

    Hannah
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
    Uber Member
     
    #2

    Jun 28, 2012, 07:50 AM
    Quote Originally Posted by hannahbee View Post
    Hello everyone... and thank you in advance for any help you can provide in answering my question:

    I recently concluded a Small Claims Court action which I initiated as the Plaintiff, and which I unfortunately did not win (they had a lawyer from a top firm; I was unable to afford anything better than a rather unfortunately unconcerned paralegal - I'm sure you can guess how that turned out). In fact, as a result of the horrible direction things took, I was ordered to pay a small amount of court costs to the Defendant .

    I have paid the amount owing in full according to the order, and in a timely manner. That should be the end of a painful and expensive learning experience, but I was quite shocked at how something that seemed so fair and straightforward as a claim could be twisted into such a mockery of utter lies and deceit by a good lawyer and a lying Defendant. As a result, I am feeling untrusting of the whole court process and justice in general, and am wondering what chance, if any, there is of the Defense trying something nasty in retaliation.

    My specific question is: if the court case was initiated in January of 2010, court costs were awarded in February of 2012, and paid fully in April of 2012, what chance is there that the Defense could countersue or continue to ask for anything more in this matter? I don't believe it is likely, and there is nothing I can think of that they could possibly use as a basis, but my faith in 'justice' was rather shaken by this whole joke of a court case, and I am worried that I could be being naive in thinking it is finished, as I was in thinking everyone would actually tell the truth on the stand.

    Should I be asking for some kind of letter of closure/proof of payment from the Defense? If so, is that something I would be asked to pay for, or do they have to provide it if requested? I was hoping there was some sort of form of closure/release available through the Small Claims Court, but have been unable to find anything like it on their Forms site.

    I'm so looking forward to having a little bonfire with all this paperwork so that I can finally close the door and move on, but don't want to do so unless fairly certain it is truly finished.

    Thanks again for any reassurance or answers anyone can provide... much appreciated! :)

    Hannah
    Being this is an international site... and laws vary widely even within a country... where exactly would this be.
    hannahbee's Avatar
    hannahbee Posts: 3, Reputation: 1
    New Member
     
    #3

    Jun 28, 2012, 11:13 AM
    Quote Originally Posted by smoothy View Post
    Being this is an international site...and laws vary widely even within a country....where exactly would this be.

    Yes that would probably be helpful, wouldn't it? Sorry about that... :)

    I (and the court case) am in Ontario, Canada
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #4

    Jun 28, 2012, 12:49 PM
    If they were planning on a counter suit is is almost always done at the same time as the other case.
    hannahbee's Avatar
    hannahbee Posts: 3, Reputation: 1
    New Member
     
    #5

    Jun 28, 2012, 02:52 PM
    Thanks Fr_Chuck... that's what I was hoping to hear... I very much appreciate your reply.

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