Debt Enforcement Dispute Steps

Summary

In Ontario, if a creditor enforces a debt through Small Claims Court despite partial payment, the debtor should gather proof of payment, contact the creditor to discuss the discrepancy, and file a motion in court to dispute the enforcement. If the judgment is from the Landlord and Tenant Board, enforcement involves filing with Small Claims Court. When filing a motion, mention partial payment and provide evidence like receipts or bank statements. Procedures may vary between Small Claims Court and the Landlord and Tenant Board.

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Yes
Alright, here's a bit more detailed guidance on each step:
*. Gather Proof of Payment: Collect any receipts, bank statements, or other documents that show the partial payment made to the creditor.
*. Contact the Creditor: Reach out to the creditor to discuss the situation. Sometimes, a simple communication can resolve misunderstandings regarding the payment.
*. File a Motion in Small Claims Court:
- Complete the necessary forms to file a motion disputing the enforcement.
- Attach evidence of the partial payment.
- Attend the court hearing to present your case.
If you need further assistance with any of these steps, feel free to ask!
Is there any different if the judment is from Landlord and tenant board?
In Ontario, if the judgment comes from the Landlord and Tenant Board (LTB) rather than Small Claims Court, there are some differences:
- LTB handles disputes specifically related to residential tenancies.
- Enforcement of LTB orders usually involves filing with the Small Claims Court for enforcement.
- Procedures and forms may vary compared to Small Claims Court.
If you need more information on LTB processes, feel free to ask!
The creditor is enforcing the debt through small claim court. What should debtor do?
Case Rating: *
In this situation, here are some steps the debtor may consider:
- Gather any documents related to the judgment and payments made.
- Communicate with the creditor to clarify the enforcement.
- If unresolved, file a motion in Small Claims Court to dispute the enforcement, providing proof of any payments made.
Would you like more detailed guidance on any of these steps?
Yes please
Case Rating: *
In Ontario, if the creditor is enforcing a debt through Small Claims Court and there's a dispute over partial payment, here's more detailed guidance:
*. Gather Documents: Collect all relevant documents regarding the judgment and payments made, including receipts and bank statements.

*. Communicate with the Creditor: Contact the creditor to discuss and attempt to clarify the discrepancy regarding the enforcement.
*. File a Motion in Small Claims Court:
- Complete the necessary forms to dispute the enforcement.
- Attach evidence of the partial payment.
- Attend the court hearing to present your case.
If you need further help with any of these steps, feel free to ask!
What reason should I mention in the motion?
Case Rating: *
For the motion in Small Claims Court, you may mention the following reasons:
- Partial payment of the debt has been made.
- Provide evidence such as receipts or bank statements.
- Dispute the full enforcement as the debt amount should be adjusted to reflect the payment made.
If you need further assistance, feel free to ask!