Everything you need to know about getting a Statement of Defense over Goodlawyer.
- What is a Statement of Defense?
- Pricing and Scope
- What is the Process?
- Why does my business need these documents?
- Frequently Asked Questions
- Book your Statement of Defense
What is a Statement of Defense?
A Statement of Defense is a legal document filed with the Courts after someone initiates a lawsuit against you with a Statement of Claim. A Statement of Defense indicates that you deny the claim and the remedy proposed in the plaintiff’s Statement of Claim, and explains the legal basis for your decision. It indicates that the issue will need to be settled in court and is sometimes filed alongside a Statement of Counterclaim if you believe that you are entitled to compensation for damages.
A well-written Statement of Defense can encourage the plaintiff to drop the case entirely, making them a useful tool for entrepreneurs who want to spend their time building their business rather than arguing in court.
Pricing and scope
$1,500 + Tax + Court filing fees
- $1,250 Legal fee
- $250 Service fee
- * Does not include government fees (these are generally $100 - $400)
- This price is based on a basic Statement of Defense and is subject to additional fees if your matter is more complex. Your lawyer will always clarify any additional costs for your approval
- Project kick-off call to gather information, advise you, and answer questions
- One customized Statement of Defense
- One round of minor revisions if necessary
- Court and/or government filing fees (range between $200 - $400 depending on jurisdiction)
- More than one Statement of Defense
- Additional work or questions following the delivery of the Statement of Defense
- Major revisions or rewriting of the Statement of Defense throughout, or after the project
- Arbitration between parties on your behalf
Your lawyer may recommend additional services on or after your call. Your approval for any additional work is always required and you will never be billed for services you didn't agree to.
What is the process?
- Book a call. Pick a time to discuss your Statement of Defense with a Good Lawyer.
- Design your Statement. Help your lawyer understand the situation and the goals of your statement. Your lawyer will determine what wording you need in your Statement of Defense and draft something tailored to your needs.
- Have your Statement filed. Your lawyer will file the Statement of Defense on your behalf.
Why book a Statement of Defense?
Stand up for yourself.
Some people use lawsuits as a weapon to threaten and bully others in the hopes that they will choose to settle outside of court. A Statement of Defense demonstrates the legal basis for refusing this threat.
Working with a Good Lawyer means working with a partner who wants the best for you. You’ll have a trustworthy guide to help you navigate the situation.
Get the best possible result.
Litigation can have profound consequences, for better or for worse, and the most important decisions occur when creating the Statement of Defense. It’s not a good time to DIY.
Frequently Asked Questions
Is the procedure the same provincially and federally?
For the most part, yes. The exact names of the documents involved can be different and filing fees can vary, but the procedure is generally the same. Your lawyer will inform you of these differences during your kickoff call.
Do I need to file a Statement of Defense?
No, you have three options when you receive a Statement of Claim. First, you can file a Demand for Notice, which means you accept the terms outlined in the Statement of Claim and will pay the remedy outside of court. Second, you can file a Statement of Defense, and third, you can file a Statement of Defense AND a Statement of Counterclaim if you feel like you are entitled to compensation for damages related to the situation. Options 2 and 3 both mean there will be further litigation in court.
What happens after the Statement is filed?
The plaintiff will receive your Statement of Defense and will need to either drop their case or initiate court proceedings. You will be notified of their decision.
How long do Statements of Defense take to draft?
Typically, from the time of your kick-off call you can expect to have your Statement of Defense within one week. Lawyers give these documents a high priority because courts generally enforce strict time limits on responses to Statements of Claim. The sooner you can engage a lawyer to draft your Defense, the better.
Will my lawyer file my Statement of Defense?
Yes, your lawyer will file the Statement on your behalf. They will also pay the filing fees, which will be added to the total price at the end of the service. These fees typically range from $50 to $200 and depend on which province and registry the Statement is filed in. The good news is that a successful Defense often transfers this fee to the plaintiff, meaning this cost will be reimbursed later.
Do I need a lawyer in my province?
No, not necessarily. Any experienced litigation lawyer can create a Statement of Claim or Defense for you. However, if the opposing party decides to settle in court or if the situation escalates, you would likely be better suited working with local lawyer in your province.
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Tell your side of the story.
Your lawyer will assess your situation and make sure this is the correct service for your needs.