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Canadian Legal/Courts Question

C

Carbo

Diamond Member
I need to file suit against a defendant, who is located in Vancouver, BC. I am in Florida. The amount in question is less than $10,000 US so I understand it belongs in BC Small Claims Court.
I'm hoping someone on board here has some experience or know how about the procedure and whether or not this is worth pursuing. Maybe one of our esteemed Canadian members have their own Cousin Vinny to assist me win my case??
 
I need some details of what made you decide to sue. Where did the transaction take place? There's a good chance you can file in your home state. Oddly enough I'm going through a similar type of problem... I'm from Alabama, the business is in Ontario. Mine is for something over 10k, however, I've been advised that litigation is the last thing we want to do. Can you give some details? There are steps you can take before litigation. Litigation is very expensive and it might be cheaper to retain a lawyer and get them to use pressure instead of a suit. Something like a demand letter, etc. Of course you can write those yourself, but if they are ignored your lawyer can send one on letterhead. How much are we talking here that you are out? I'd say to consult or retain an attorney if I were you.
 
Mill, the defendant and the involved real estate are both in Vancouver. To make a long story less so, for services rendered I am owed $5,000 as my share of the profits for my assistance in seeing a real estate transaction to completion. In addition, I am owed $100 per month for 24 months, beginning April 1, 2004. Thus, as I write this I am owed $5,100.
Simply, the defendant has refused to pay. I have what I feel are tight agreements in place regarding this, and I'm confident I could make my argument and win the case. Based on my understanding of the procedure in British Columbia, this is a matter for Small Claims Court. Which means no attorneys, and I need to represent myself. I'm torn, because while I firmly believe I'm in the right, there are no guarantees and FL is far removed from Vancouver. While not an earth shattering amount of money, it ain't chump change, either.
I'm thinking the wise first move is to send a "nasty lawyer letter" to see if he blinks.
 
Yep you are stuck in Vancouver it appears, but if you consult an attorney be sure to ask. A polite but firm letter can work. If it doesn't a nasty but firm letter can have results as well. Either way I hope something works out for you.
 
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