Question
Recall the claim by the First Bank of Alberta against TCB Memphis Grille Ltd. [TCB] and Elvis Parsley from the first assignment. You prepared a
Recall the claim by the First Bank of Alberta against TCB Memphis Grille Ltd. ["TCB"] and Elvis Parsley from the first assignment. You prepared a demand letter to Parsley. Parsley has not responded, so it's time to start a legal action.
We'll use a courier to serve any Claim, which will cost $20.00. We did a corporate search on TCB, which cost $10.00. Photocopies have amounted to $6.00. These are all of our disbursements.
- Below is the dictated text for a Statement of Claim. Use it to prepare a draft Statement of Claim. This should be its own document. Ensure it uses proper formatting,
Please draft the statement of claim for first Bank of alberta's claim against TCB Memphis grill and Elvis parsley.
Paragraph one: The plaintiff, first Bank of Alberta ["FBA"], is a financial institution legally registered and carrying on business in the province of Alberta.
Paragraph 2: the defendant, TCB Memphis grill limited ["TCB"], is a corporation legally registered and carrying on business as a restaurant in the city of Edmonton in the province of Alberta. Elvis parsley ["parsley"] is an individual who resides in the city of Edmonton in the province of Alberta and is the majority shareholder of TCB.
Paragraph 3: in or about may 2021, TCB and FBA agreed that FBA would loan $125,000 to TCB, which amount TCB would repay bi monthly installments of $2,780.56, do on the first day of each month [the "contract"].The contract also stipulated that TCB would pay interest at 12% per annum, com pounded annually.
Paragraph 4:the contract included an acceleration clause, stating that if TCB missed any payment, all remaining principle under the contract would immediately become do.
Paragraph 5: TCB and FBA executed the contract on June 1st, 2021. Parsley executed a personal guarantee on the contract the same day. FBA provided the loan amount as agreed. TCB's payments began on July 1st 2021.
Paragraph 6: TCB and parsley last made a payment on May 1st 2022. Nothing has been paid towards the loan principle or interest since that date.
Paragraph 7: the amount of $98,585.87, plus interest, remains owing [the "unpaid amount"]. Fba has demanded TCB and parsley pay the unpaid amount. On or about August 3rd 2022, parsley promised the unpaid amount would be paid. However, neither TCB nor parsley has paid any portion of it.
Paragraph 8: the plaintiff proposes that the trial of this action be held at the law courts building, in the city of Edmonton, in the province of Alberta. This is not a complex action.
For the remedy section:wherefore, the plaintiff claims:
A judgment or damages in the amount of $98,585.87, or such other amount as may be proven at trial;
B prejudgment interest according to the contract, or, in the alternative in accordance with the Alberta judgment interest act;
C costs; And
D such further and other relief as this honorable court deems just.
That's the end. Thank you for drafting this.
according to for 10 on alberta court webcite please
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