Civil statement of claim

Discussion in 'Commercial Law Forum' started by Becs, 26 August 2017.

  1. Becs

    Becs Member

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    Hi All,
    Bear with me ... please
    I started a business partnership with a lady who provided the initial capital... entered a partnership agreement which states initial capital to be repaid by way of invoice to company on a monthly basis from incone of ** ( company name)
    After 7 months business was running at a loss so she decided she wanted out.
    I signed an agreement to say she was no longer liable for any debts or costs made by the business and that i agreed to repay the capital investment amount by way of profits when financially viable to do so.
    Partnership is now dissolved and business still running at a loss but sge has now decided to sue me personally.

    My question
    Can she sue me personally for an investment in to a business that didnt make money fast enough for her so she decides she wants to get out.
     
    #1 Becs, 26 August 2017
    Last edited by a moderator: 26 August 2017
  2. Rod

    Rod Well-Known Member

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    Hard to say without reading all the correspondence.

    She will need to prove you did something wrong and your post does not show anything you did wrong.

    Wait till paperwork arrives to see what she is claiming and why.
     
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  3. Becs

    Becs Member

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    Paperwork was recieved she is suing on the grounds that im in breach by not paying her any of capital investment back.

    Initial partnership agreement states that the initial capital will be repaid by way of invoice to company on a monthly basis when company financially viable enough to do so....

    Company still running at a loss so therefore i dont believe im in breach? An i right
     
  4. Rod

    Rod Well-Known Member

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    On the face of it you seem OK. I suspect the other party though has a different version of events.

    When you say paperwork has been received, are the papers a letter of demand or a statement of claim sent via the court?

    How much money are you talking about?
     
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  5. Sam Rimal

    Sam Rimal Active Member

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    Hi

    I did statement of claim including letter from court stating default judgment is extended to 227/2019.
    Amount is 4 k total with interest and all equals to 10k
    What should I do ? Please help
    I don’t have job and CC has been advised but again they did this to me .
    Recently started working as contract basis though ...
     
  6. Rod

    Rod Well-Known Member

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    You should start your own thread rather than takeover an old thread.

    Your post is not clear. Do you mean a default judgment was entered against you and now you have to pay $10K?

    Ask the court how to enter into a payment plan.
     
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  7. Sam Rimal

    Sam Rimal Active Member

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    CC tried for this, however terms of judgement are:
    - Dismissal order under rule 12.992) is set aside pursuant to Rule 36.16(2)(b)
    Pursuant to Rule 1.12 the time for the Plaintiff to effect service of statement of claim and to enter Default Judgement is extended to 22/07/2019
    No further extension will be granted

    I received this letter last night stating i have 28 days to respond to this .

    I guess this help
     
  8. Rod

    Rod Well-Known Member

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    What court? And is CC the other party?
     
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  9. Sam Rimal

    Sam Rimal Active Member

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    CC IS CREDIT CORP AND COURT

    TRUE I SHOULD START ANITHER THREAD
     
  10. scott roberts

    scott roberts Member

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    A composed explanation of the starting prosecutor called an offended party, in which he/she should express their case: the certainties on which they mean to depend upon and the alleviation they look for, to the respondent and for general society record, for which they look for a common preliminary and legal assurance.

    A report that must be documented with the Court and duplicated onto the respondent and in which the offended party must set out the realities which bolster his case, for the most part in numbered passages. the level of detail involves wrangle among attorneys; the more experienced ones appearing to incline toward compactness, with others wanting to completely unveil the actualities to be straightforward thus as to not chance to have the Court later debilitate any affirmations they wish to lead at preliminary on the premise that they were not asserted in the announcement of case.

    In Gevaert v. Arbuckle, 1998, detailed at 163 DLR fourth 762, the Ontario Court expressed the motivation behind an announcement of case:

    "A wed of Claim must reveal a by and by existing, lawfully perceived case against the Defendant. It must state: 'I, Plaintiff, have a claim against you, Defendant.'"

    As the Alberta Rules of Court stipulate at ¶5(1)(r), an announcement of case is the record "by which an offended party initiates his activity" (and the announcement of safeguard, the archive "by which a respondent answers the offended party's announcement of case").

    An announcement of claim is the main - or one of the first - ventures in drawing in the equity framework to determine a question by preliminary.

    An announcement of claim must be conveyed upon the respondent.

    Articulation of cases are basic reports in the preliminary procedure, and at times, the disappointment of charging certain certainties important or important to the help asserted can be lethal or in any event, disillusion somebody you would prefer not to baffle: the preliminary judge.

    The response to the announcement of the claim is the respondent's announcement of safeguard.

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