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New Member
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Oct 25, 2011, 02:32 AM
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Small claim outside canada?
My relative who is Canadian citizen owed me CAD$17,000. I'm based here in Singapore. I wired the money using my bank account here. My relative doesn't entertain my calls, text and email messages. What should do to get my money back? Do I need to got the Canadian consulate here in Singapore to file a complaint?
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Expert
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Oct 25, 2011, 03:11 AM
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I don't think the consulate will intervene in a private matter such as this. Do you have an attorney in Canada you can contact?
Tick
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New Member
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Oct 25, 2011, 03:52 AM
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I don't have an attorney in canada... so what's the next step I need to do?
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Expert
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Oct 25, 2011, 04:21 AM
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Originally Posted by verv_90210
i dont have an attorney in canada... so what's the next step i need to do?
Find an attorney in Canada, but $l7,000 dollars is a little too steep for small claims court. Usually they are $5000 or less. What Province is involved ?
edit: small claims is $25,000 or less please see this website. It is for Ontario but don't think it varies much from province to province www.attorneygeneral.jus.gov.on.ca ›... › Courts › Small Claims Court. Please enter 'small claims court' in search.
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New Member
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Oct 25, 2011, 04:22 AM
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She's in vancouver...
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Expert
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Oct 25, 2011, 04:26 AM
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Originally Posted by verv_90210
she's in vancouver...
That is British Columbia. Okay, then you should read the website.
www.ag.gov.bc.ca › Attorney General › Court Services
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Expert
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Oct 25, 2011, 05:08 AM
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I don't know about BC, but in most places small claims is just an option; you don't have to go small claims if you don't want to. Since OP is in a foreign country, I would suggest that OP look seriously into filing a standard lawsuit. One thing to consider is that it might be possible to obtain a judgment without having to go to trial. In the U.S. that is commmonly done by a summary judgment motion, and such a judgment is possible under the BC civil rules as well: http://www.bclaws.ca/EPLibraries/bcl...01.xml#rule9-6.
The rules are here.
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New Member
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Oct 25, 2011, 05:32 AM
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What about going to the embassy or consulate? File a complaint to that canadian citizen whom a relative of mine? It's quite costly going to vancouver... airfare hotel... etc..
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Expert
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Oct 25, 2011, 06:19 AM
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Originally Posted by verv_90210
what about going to the embassy or consulate? file a complaint to that canadian citizen whom a relative of mine? it's quite costly going to vancouver... airfare hotel... etc..
A counsulate is to assist it's citizens in a foreign place such as yours. An embassy is to represent it's government to other governments. What do you imagine the Canadian Consul could do for you? Contact your relative and demand payment? Doesn't work that way.
If you sue, and have to travel to Vancouver, these costs may be recoverable in the resulting judgment.
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Expert
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Oct 25, 2011, 06:52 AM
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I am sorry no the embassy is not going to do anything for you, they are not courts of law, and you may file ( I guess) a complaint but it does nothing and has no legal help.
You need to hire an attorney, you may not even have to travel to Canada, the attorney may be able to handle everything with you there.
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Expert
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Oct 25, 2011, 03:01 PM
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Originally Posted by Fr_Chuck
I am sorry no the embassy is not going to do anything for you, they are not courts of law, and you may file ( I guess) a complaint but it does nothing and has no legal help.
You need to hire an attorney, you may not even have to travel to Canada, the attorney may be able to handle everything with you there.
No, I don't think he will have to travel to Canada. The person who borrowed the money lives inBritish Columbia so he needs an attorney in Vancouver. Everything can be done by proxy, costly, but probably cheaper then travelling to Canada to have it done, airfare, hotel stay, (probably a long stay) as the OP pointed out.
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New Member
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Oct 26, 2011, 10:21 PM
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Thanks for all the replies... I really appreciated it... maybe, I'll have a holiday in BC and also pursue to get my money whatever the means... dual purpose...
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