Motion to set aside judgment

[Suska007]

What is the name of your state? Ontario, Canada

I filed a claim under small claims court about a year a go and the defendant had till the end of October to pay me as settlement, I didn't get anything so I filed for default judgment (a larger amount) and a garnishment but now they're filing a motion saying they sent a money order through the mail and that they have reciepts as proof that the money order was made and it was deiliverd to me.

I didn't get anything in the mail . It wasn't registered mail, I belive it was regular mail but was suppose to be shipped very fast, I nor anyone in my house recalls a postman or courier person dropping anything and getting anything signed. They were suppose to send/deposit money to the clerk of the court and i was suppose so get it from them. That was the safest way. Instead They wanted my bank info which I gave but closed my account and told them that day which was a week before the due date.

There making this big fuss that I should have told them that i was going to close my account, that its my obligation to and all this other stuff when I told them they could have just dropped it off at my house and i woulda signed a dated recipet cuase they were only 2 mins from where i live but they didn't want to cause they didn't trust me.

Do they have a good reason for the motion?
What should i exactly argue?

 

[stephenk]

Sorry, but this site if for U.S. law only. No idea what the Canadian small claims court laws are about.

 

[Suska007]

I'm pretty sure they don't differ that much, i mean i watch the practice and law tv shows and they're pretty much the same. Besides I'm not asking about rules or anything, those probably differ but reasons to file a motion are probably similar. Any comments would help.

I mean if you can give adivce to a girl in England (god bless her) I'm sure that England is a lot more like Canadaian law than American.

 

[stephenk]

Ok here goes.

They will have to show proof that the letter was received at your residence AND that the money order was cashed. Just because they claim they mailed it does not mean you received it, obviously.

Unless they have a receipt showing someone signed for the letter at your address and a receipt showing that the money order was cashed, it will be just their word without proof.

Good luck.

 

[Suska007]

Thanks a lot, that really helped, i don't have lose sleep no more

Thank You