C-25 - Code of Civil Procedure

Section 962 Disposition versions

2003-01-01

962. The plaintiff or the plaintiff’s mandatary prepares the statement of claim, or explains the facts and the conclusions sought to the clerk and asks the clerk to prepare the statement of claim. The statement of claim must be signed by the plaintiff or the plaintiff’s mandatary and be supported by the signatory’s oath verifying the accuracy of the facts and the existence of the debt; the statement of claim must be presented together with any exhibits supporting the plaintiff’s allegations.

1971, c. 86, s. 1; 1975, c. 83, s. 64; 2002, c. 7, s. 148.

1977-12-31

962. The clerk affixes to a copy of the motion a notice which is served at the same time, indicating to the debtor:

(a)  that he may pay to the clerk the amount claimed plus the costs incurred;

(b)  that he may pay to the creditor the amount of the claim and the costs incurred and send the clerk evidence of such payment or the discharge he obtained from the creditor;

(c)  that he may send a writing to the clerk, under his signature and that of the creditor, establishing that they have agreed upon a settlement;

(d)  that if he intends to contest the merits of the motion or apply to have the case referred to another court, he must notify the clerk accordingly;

(e)  that if he intends to call a third party, as co-defendant, warrantor or otherwise, to permit a complete solution of the question, he must give notice of the name and address of such person to the clerk;

(f)  that if he fails to act in accordance with paragraphs a, b, c, d. or e within 10 days after the service, judgment may be rendered against him.

1971, c. 86, s. 1; 1975, c. 83, s. 64.