If I Am Sued In The Ontario Small Claims Court Will It Report To My Credit Report?

If you are sued in the Ontario Small Claims Court the first thing that will happen is you will be served with a Plaintiff’s Claim. Once you are served with the plaintiffs claim you have an opportunity to file a defense.

If you fail to file a defense the other party could obtain default judgment against you. If you file a defense the matter will proceed to a pretrial settlement hearing and if no settlement is reached it will then proceed to a trial.

The only time something will report to your credit report is if the other party is successful obtaining a judgment against you. This can only be achieved three ways:
1. You dont file a defense and the court awards the other side default judgment.
2. You make a court approved settlement and default on the terms.
3. At trial the judge agrees that the other side is right and awards them judgment.

You have more to worry about than just your credit report if someone obtains a judgment against you.

Once the other side has obtained a judgment they can file a writ of execution with the Sheriff’s office. Any time a mortgage is closed in Ontario the lawyer, as a condition will run and execution search on the applicants name. Any executions that appear will have to be paid before the consumer is able to close their mortgage.

If the other side uses their judgment to obtain a notice of garnishment they can send the garnishment to your employer and then your employer will have to remit 20% of your net earnings to the Ontario Small Claims Court to be paid to the other side.

They can also use the judgment to freeze your bank account which involves notifying your bank that you have an outstanding judgment against you.

The Ontario Small Claims court offers a comprehensive process to help parties make fair settlements when they involved in a dispute.

If you have just been sued, even if you believe that you owe the money you may want to consider filing a defense. When filing a defense you can dispute the entire amount claimed, or admit that you owe some or all of the amount claimed and propose a repayment plan. Then when you go to the pretrial settlement conference you have an opportunity to propose a repayment plan to the other side in front of a judge or referee.

If you are able to come to an agreement, the judge or referee will bind the settlement and no judgment will be entered against you as long as you honor the terms of the settlement. If you breach the terms of the settlement, the other side will be eligible to apply for default judgment and you will have no further remedy.

For more information please visit www.easycourt.ca.

Changes to Unemployment Integrity Laws Force Employers to Be More Diligent About Claims Management Says UST

Santa Barbara, Calif. (PRWEB) April 18, 2013

In an effort to reduce potential penalties for its nonprofit employer members, the Unemployment Services Trust (UST) has launched several new efforts and technological tools to help address what is being called the federal UI Integrity mandate.

Passed as a part of the Trade Adjustment Assistance Extension Act of 2011, the Unemployment Insurance (UI) Integrity mandate requires all employers to provide a complete and timely response to the states first request for information about an unemployment claim. Designed to address one of the biggest weaknesses of Unemployment Insurance (UI) funds nationwidethe persistence of unemployment benefits paid in error, which are have cost $ 10.3 billion in the last yearthe UI Integrity Act requires full compliance from all states no later than October 21, 2013. As of today, 5 states (NE, OK, MS, IL, and WV) have enacted legislation with 6 additional states (CA, UT, NM, SD, MN, and NC) passing legislation to be enacted in the coming months. 12 states (WA, OR, ID, MT, WY, CO, AZ, ND, IA, LA, KY, and VA) have pending legislation. The remaining states have yet to take any action to meet the federal deadline.

To ensure that the reform yields the necessary savings, there will be penalties on employers for non-compliance. Any employer that fails to provide a complete and timely response to a claim loses any hope of relief from charges attributable to that claimeven if the employer ultimately wins the claim.

Further, if the state identifies a pattern of failure to provide complete and timely responses, negligent organizations and their claims administrator are at risk of permanently losing valuable protest rights and/or facing monetary penalties.

To address these new liabilities, the Unemployment Services Trust (UST), which helps more than 2,000 nonprofit employers nationwide to reduce the cost of unemployment claims, is conducting regional seminars and state-specific webinars for its members. Through its partnership with Equifax Workforce Solutions (WS), USTs educational opportunities will allow its nonprofit members to examine how changes to the national UI integrity laws will affect them and to gather helpful tips to improve overall win ratios when protesting improper claims. On average, this type of diligence reduces an employers claims costs by 15% each year.

In addition to the seminars and webinars, USTs nonprofit members now have access to an unique unemployment claim dashboard called CaseBuilder, which was launched by WS earlier this year. This online dashboard will allow organizations to gather and submit documents and details in a fast, secure environment for all stages of the unemployment process, reports Workforce Solutions. Current members who utilize CaseBuilder have significantly increased their ability to comply with state requests in a timely mannerwhich will be extremely pertinent as states begin to integrate UI Integrity legislation into their practices.

Finally, members of UST are already reaping the benefits of SIDES, the State Information Data Exchange System that 24 states have implemented, with more scheduled throughout 2013. SIDES is a secure, paperless system which allows UST members and their claims administrator WS to better provide necessary details and documentation at the time of an initial claim filing. Here is how it is helping UST member organizations: