Small claims court

Drafting Exercise: Greco v Hardwick-Noting Defendant In Default This is a continuation of the drafting exercise in Chapter 4. Review the drafting exercise in Greco v Hardwick at the end of Chapter 4. The plaintiff's claim is issued on May 3, 20+3. The claim number is SC-00-34065-00. The amount claimed is $7,500 plus pre-judgment interest commencing April 1, 20- at a rate of 2.90 percent per year, compounded annually, in accordance with the promissory note signed by the defendants James Barry Hardwick and Pamela Laura Hardwick. The claim is personally served on the defendants on May 8, 20+3. The affidavits of service are sworn on May 10, 20+3, and filed with the court on May 15, 20+3. The deadline for filing a defence is 20 days from the date of service, including weekends and holidays. Factoring in the Victoria Day holiday, which falls on the third Monday in May, the deadline is May 29, 20+3. The defendants fail to file a defence on or before that date. Please draft a request to clerk (Form 9B) dated June 4, 20+3 to have the defendants noted in default, and default judgment signed against them. The default judgment (Form 11B) will also be dated June 4, 20+3. Assume that, as of April 1, 20+3, the amount owing including interest is $8,171.60. For purposes of the default judgment, calculate pre- judgment interest owing from April 1, 20-3 (date of default) to June +, 20+3 (date of default judgment), using the table of days (Table 5.2) and the following steps: Convert the interest rate from a percentage to a decimal: 2.90 percent = 100 = 2 Multiply the amount owing as of the date of default by the interest rate = $8,171.60 x 2.90 percent expressed as a decimal = $_ _ per year. B. Divide the amount per year by 865 day's in a year = per day. Use the table of days (Table 5.2) to calculate the number of days from April 1 (DOD =_) to June 4 (date of default judgment = Date of default judgment - date of default_ _days 5. Multiply _per day , _ __ day's from april _ to june = = $