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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 138726
Experience:  I have been a lawyer since 1985 and have been a professional on this site for 12 years.
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Looking to retain lawyer to chase someone who never showed

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Hi looking to retain lawyer to chase someone who never showed up for my project and has my deposit
JA: Where are you? It matters because laws vary by location.
Customer: this is in Ontario (however I am currently in London UK)
JA: What steps have you taken so far?
Customer: e-mails back and forth to try and resolve it - he admits owing the money just never actually shows up when it come time to pay it back
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: think it will start with a letter - then possibly a lien? Happy to discuss options just don't feel I am prepared to walk away from this

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Hi there. Please explain the situation in some more detail. What exactly has happened?

Customer: replied 12 days ago.
Need a foundation poured this summer. The man I was put in touch with to do the work requested $6600 apron deposit to buy materials and start in 2 days. That is around 3 months ago. He continued to drag me on through the summer and finally offered to return the deposit if that was my choice. I hired someone else to do the job and requested my deposit be returned. He continued to put me off - with several sincere sounding apologies finally saying 5 business days he needed to refund the money. That was 2 weeks ago. Then he requested a payment plan. Admitting money has been spent somewhere else. I asked what he could pay immediately as it was around 6 business days past and haven't heard from him since. I believe I am not the only one who this has happened too.
Customer: replied 12 days ago.
I can do the call in a few min but above you will see the main story. I am just finishing lunch

My apologies. As this is outside of UK consumer law, I will opt out for another expert. Many thanks

Customer: replied 12 days ago.
this requires an Ontario, Canada attorney Thank you
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Tetyana-moderator

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

Please note that I am working from my computer and not actually texting. If you don’t answer back for a while I may not be online when you do but I will never desert you and will check back often. As well, as I am working from home it is possible that I will be interrupted but I will always return back as soon as I can.

I know your question is important to you and I will be giving it the time and attention it deserves.

I am sorry to hear of this difficult situation.

How much are you owed?

Customer: replied 12 days ago.
Need a foundation poured this summer. The man I was put in touch with to do the work requested $6600 apron deposit to buy materials and start in 2 days. That is around 3 months ago. He continued to drag me on through the summer and finally offered to return the deposit if that was my choice. I hired someone else to do the job and requested my deposit be returned. He continued to put me off - with several sincere sounding apologies finally saying 5 business days he needed to refund the money. That was 2 weeks ago. Then he requested a payment plan. Admitting money has been spent somewhere else. I asked what he could pay immediately as it was around 6 business days past and haven't heard from him since. I believe I am not the only one who this has happened too.
Customer: replied 12 days ago.
apologies for typo's etc

He will have to be sued in small claims court. You can self represent and do that remotely or you can pay a paralegal to represent you if you need to. You can't pay a lawyer because the legal fees will be more than what you're suing for if you end up having to go to trial.

Here is a link to the information that you should read about small claims court. You will find that you can do everything remotely except for having this person served with the claim:

https://www.ontario.ca/page/suing-someone-small-claims-court

Does that help?

Please do not hesitate to ask any follow up questions related to this response and know that I will respond as soon as I can.

Customer: replied 12 days ago.
that will help for now - can you recommend a paralegal? i am aware the legal fees could be more than the amount but do I not have a chance of recouping them if it goes to court?
Customer: replied 12 days ago.
guess the only other input would be what type of claim it would be have a contract showing the deposit but he never signed it just me. I can show the money transferred to him and e-mails of him acknowledging it.
Customer: replied 12 days ago.
as well as numerous e-mails apologizing for not showing up or returning my deposit. Not a case of he's disputing owing me the money

What I think you should do is hire a paralegal to send a demand letter. If that doesn't work then I would suggest that you self represent and I can help you through the site. I don't think that you should be paying more money towards this situation. You are only get a small amount of your fees back if you win in court because small claims court is really set up for the south representing party.

You will not have any problem at all proving your claim.

You can contact the Law Society and use their Lawyer  and paralegal Referral Service. You will be given the name of a paralegal and can consult with them and the first half hour will be free.
Here is a link to the site:
https://lsrs.lso.ca/lsrs/welcome

Customer: replied 12 days ago.
Thank you

You are very welcome.

Thank you for trusting us to help you here at JustAnswer.   If you need more clarification or have a follow-up question just reply and we can continue our dialogue. If you would like to ask me new questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

Thank you very much!

Best wishes,

Debra

Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 138726
Experience: I have been a lawyer since 1985 and have been a professional on this site for 12 years.
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