Chapter 5

1. In what circumstances is it necessary for you to send a lawyer's demand letter to the debtor?
2. What points should be included in a lawyer's demand letter?
3. What courts can you use to sue a debtor? What factors determine the choice of court?
4. If Smith Productions was jointly owned and operated by Joe Smith and his wife, Jill Montoya, whom would you sue? Explain your reasons.
5. If you file the statement of claim electronically and the court issues it electronically, is there a requirement to file a paper copy of the claim?
6. Suppose you have tried to serve a debtor personally with a statement of claim, but they don't ever seem to be home when your process server attempts service. A person named Pat answered the door on the two occasions that the process server attempted service. Pat admitted to being the debtor's spouse and said that the debtor had just stepped out. Pat said that they didn't know when the debtor would be back. What options for service do you have in this situation? Among these options, which would you choose in these circumstances?

Discussion Questions

1. Your client has received a demand letter that says, among other things, "If you fail to make the payment required by the due date, we will take all available legal proceedings against you." Is it permissible for the creditor to take this position?
2. You act on behalf of Penumbuco SA, a Mexican company that is owed 3,000,000 pesos by a defendant in Ontario. You are told to sue in the Superior Court for the amount of pesos owing. How do you do this.?

CHAPTER 6

Review questions

1. Under what circumstances can you apply to sign default judgment?
2. Explain the difference between a liquidated claim and an unliquidated claim.
3. What documents must you prepare to sign default judgment?
4. Name the documentation to be used if you are preparing a default judgment that is not for a liquidated claim or demand.
5. What documents must you file with the court in order to sign default judgment?
6. Why is the registrar provided with a requisition for default judgment?
7. Suppose the defendant defaults on their defence but pays some money on account of the amount set out in the statement of claim. How does this affect the process of signing default judgment?
8. What determines the interest rate used for prejudgment and postjudgment interest?
9. How do you determine the amounts that go into the bill of costs?

10What are the significant differences between assessing costs and fixing costs?

11What do you need to tell the sheriff to do when you obtain a writ of seizure and sale to file with the sheriff's office?

1. Once the sheriff has the writ, can the sheriff collect more from the debtor than the face amount on the judgment, including accrued interest?