Describe 3 things that you would bring to the first meeting

| August 31, 2017

Question

a. Describe 3 things that you would bring to the first meeting with the lawyer who has been retained on a collections file.
b. Explain 3 matters that are usually covered in a lawyer’s retainer agreement.

2. Compare and contrast a limitation period with a notice period.

3. Jo Roberts of JoJo’s Nail Salon defaulted on an unsecured loan. On her loan application she provided her name, address, driver’s license number and signed a consent to permit a credit bureau search to be carried out. Unfortunately there is no other information in her file and she appears to have moved as her phone line is disconnected and payment reminder notices sent to her have been returned marked “address unknown”. The file has been turned over to a lawyer for collection. Describe 2 searches the lawyer could carry out to find out the following information. Name each type of search and where you would look to carry out each of the searches.

a. Her legal name. b. The type of ownership of her business (i.e. sole proprietorship, partnership or corporation).

c. Her address. d. Her phone number.

e. Information on whether any of her assets are secured. f. Information on whether any one else has obtained a judgment against her.

g. Whether or not she is solvent.

4. Explain who you could sue if JoJo’s Nail Salon was:

a. a sole proprietorship b. a partnership but you did not know who the other partners were c. a corporation

5. The searches carried out revealed that JoJo’s Nail Salon had moved to 10 Main Street, Somewhere, ON N0A 1N0. As of today they owe $5,432. The loan bears simple interest of 5% per annum. Calculate the amount that will be owed with interest in 10 days and add another $200 for legal costs. Draft a legal demand letter demanding payment within 10 days plus $200 for legal costs. Payment should be made by certified cheque to the lawyer, Samuel Justice, in trust. State that if payment is not made legal proceedings will be commenced. Draft the letter using appropriate legal format and style.

6. Answer the following questions on settlement:

a. What are 2 advantages of making an offer to settle a court case?

b. Explain the costs consequences to a plaintiff and a defendant if the plaintiff sued for $50,000, the defendant offered to pay $45,000 and the judge awarded $40,000.

c. What 2 key items will a plaintiff want to see in minutes of settlement?

d. What 2 key items will a defendant want to see in minutes of settlement?

e. Judgment in a case was given for $52,000. The defendant offered to pay $50,000 two days after the trial in an attempt to have the matter done with. The plaintiff accepted this amount although it is less than the judgment as they appreciated the quick payment response. Explain 2 things the plaintiff will want to ensure are done to protect their situation following acceptance of the offer. Explain 2 things the defendant will want to ensure are done to protect their situation following payment.

7. Judgment is obtained against Valerie Volpe. She drives a 2009 Mazda vehicle. She resides in a condominium and works for IBM. Describe 3 methods of enforcing the judgment against her in light of her situation. Describe any searches you might do (and the reason for each search) before you enforce the judgment against that particular asset.

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