Civil Suit (Small Claims)

[canadian]

Five years ago I signed a promissory note to make a payment of $40/month (total owing is $800). I was under duress when I signed this promissory note. This guy's buddies are intimidating me. I was able to make payment for five consecutive months but I lost my job and were not able to make any payments to this date. I received a letter from this guy's lawyer informing me that I'm being sued for the balance of $600 plus the 12% per annum interest. I don't have a job right now and I don't have any money to pay the remaining balance plus interest but I do have the intention of paying off the balance someday. The suit was filed in Ontario (where I used to live) and I now lived in Manitoba, Canada. I did not give my legal name to this guy when I signed the promissory note nor my social insurance number only my nickname. My question is "what are my options?" Will the lawsuit stand since they do not have my legal name in the civil claims form based on technecality? Do they have jurisdiction since I now live in another province? Did they wait to long to make a valid claim? Please help...

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Trust me when I tell you there are ways to track your real name and have this attach to your real identity.

One correction though....you were not under the legal definition of duress...so don't bother using that excuse.

My advice to you is: pull it out of your credit card with a probable lower interest rate and then deal with your credit card company, not a lawsuit.

Or get a temp job until you pay this back.