The defence
After
being served, the defendant has twenty days to respond. The court
sends you a copy of the defence, if one is submitted, by regular mail.
The defence form has three pages. On the first page you will read the
name of the lawyer that the board has hired to represent them. Lawyers
always recommend that a board hire a lawyer to defend small claims
cases.
The second page states the reasons why the condo corporation is disputing your claim.
On the third page, the form will
show the date that their lawyer prepared the defence document. Lawyers
seem to wait to the very last day before submitting documents. Maybe it
is a way of slowing the process down.
How Small Claims
Court is perceived
As best as I can figure it, condominium lawyers are leery of small
claims
cases as it gives the owners a cheap, quick and convenient way of
obtaining justice and if owners start succeeding in small claims court
then it can open the floodgates to hundreds of applications.
Note:
The
information on this chapter is to be used only as guide and is not
intended to be taken or understood to be legal advice. For legal
advice, consult a lawyer that is experienced in condominium law.
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