Studied by 3 people
Looks like no one added any tags here yet for you.
Plaintiff’s claim
document that sets out
the names of the parties
their address for service
amount of the claim,
other relief being sought,
allegations of facts in support of the claim
Plaintiff’s Claim is Form
Form 7A
When does the proceeding commence
when the plaintiff’s claim is issued
Parties must be properly - and their - should be correct to the best of your knowledge
named
address
Quantifying damages means
calculating the damages
To quantify the damages we must determine
all of the different kinds of harm suffered
There must be - between the harm claimed and the defendant’s actions
causation
Any evidence presented must show
the harm or loss suffered resulted from defendant’s actions or negligence
Promissory note
promise to pay that is signed and dated by the debtor
The amount of a liquidated claim will not require valuation by the court so long as
there is undisputed documentary evidence supporting the amount
Pre-judgment interest
interest that accrues on the amount determined to be owing commenced on the date of default and ending on the date of judgment
Pre-judgment interest begins accruing
on the date of default
Pre-judgment interest ceases accruing
on the date of judgment
Post judgment interest
interest that accrues on the judgment amount, including costs, or on any outstanding balances, until the balance is paid in full
Post judgment interest begins accruing
on the date of judgment
Post judgment interest stops accruing
once all amounts have been paid in full
Date of default
date the cause of action arose
When there is no written agreement regarding interest, pre- and post-judgment interest rate will be
the rates set out in the CJA
If there IS a written agreement regarding interest, then you must
check the box and state the contractual interest rate
When filling out Form 7A on behalf of a client (do or do not) include the plaintiff’s address and why or why not
do not
we have a duty to protect their confidentiality
If there are more than 1 plaintiff/defendant then use what form to add them to the claim
Form 1A Additional Parties
For a sole proprietorship: Name
both owner and the business
Consequence of misspelling a defendant’s name on a claim
the wrong person has been named
judgment is unenforceable
If an individual uses more than one name you should
include all of them
For a partnership, if you the partners as individuals are not named on the claim then the judgment is only enforced against
the assets of the business
To ensure judgment is enforced against the partnership and the individual partners then
name the business and the partners on the claim
To find out the name of the partners in a firm serve a
disclosure of partners on the firm
A judgment against a corporation is enforced against
the assets of the corporation
Who is named in a claim where corporation is the defendant
the corporation’s business name and their corporate name
Three categories of parties under disability
minors (under 18)
mentally incapable
absentee
A person under disability must have a
litigation guardian
Persons under disability are considered to
lack legal capability to perform certain acts
Litigation guardian
competent person who undertakes to direct a legal proceeding on behalf of a person under disability
For a person under disability an action cannot commence until
there is a litigation guardian in place
Who may act as litigation guardian
anyone who is not under disability
For a minor the litigation guardian should be
parent
legal guardian
another suitable person
If the parent, guardian, or other suitable person is not able to act for a minor than - will be the litigation guardian
the Children’s Lawyer
Litigation guardian for a person who is mentally incapable
the guardian
If there is no guardian for a mentally incapable person then
someone with power of attorney may act
If there is no guardian and no attorney for a mentally incapable person then
a person who is suitable may act
If there is no attorney, no guardian, and no suitable person for a mentally incapable person, then the - - and — shall be the litigation guardian
public guardian and trustee
