My case is with a collection agency outta Winnipeg man. I live in Kenora Ontario The company who sent the so called bill to this collection company is St Johns Music and the collection company is commercial credit adjusters Ltd and there lawyer is some guy who is a jerk and all I have gotten for all my letters to them is threats and garriiment warning They said a buch of stuff to my boss that never went though the courts thanks to the people on this site who have been helping explain that jerks like them cant just show up and demand more money then I owe, There is a balance owing on this account but no where near what they are asking me for and I want them to cough up the paper work so far just more threats.... I have checked with the courts no judgement on me yet and I want to make sure if they do sue me I dont get lost in the wrong address scam

Franniee2003,
ARO served my employer with papers and they were only good for 7 days. After that they were void. They served the papers to my employer over 1.5 months late. They knew the paperwork was only good for a period of time, I just think that is anothere way to emabarras me at work and stall this longer to get the interest higher.I went into the courts because thisis the first time I heard of anything. It seems the Claim was served to a wrong address which they did not let the courts know, they just kept quiet and won... in the courts eyes. The lady at eh small claims desk told me that this was only valid for 7 days. And my employeer was not to act on it. They tossed it out, of course they made a call also to the courts and was told the same.

But this let me know that something was going on. So I checked everything out, got all my paperwork and applied to a judge to let the courts know that I have never been served, etc.... I know have a mediation date set for Jan. 5 2009. If the courts don't see this as wrong them serving paperwork to a wrong address, I will get ahold of the media. Also if mediation does not work it goes to trail, I will go to trial, I will fight this tooth and nail.

How is your case going on. Is it with ARO in Kelowna?

You mention a method of collection comapnies that use a method of serving papers on someone at the wrong address then going to court and saying the papers were served and since I wouldnt reply the company would get a garishment order againest me COuld this be what may be happening in my case the papers didnt come to be because they used the wrong address and that next week when I get paid my wage will be garished. My boss did send paper work back to the collection agency

They are messing with you clearly. Just follow Raymond's advice, have a cup of tea and remember that unless you get proper, real, honest to the gods court paperwork, they're just blowing all kinds of hot air.

No! They have to take you to court first - and they won't.

Ray

So next week when I get paid the collection agency cant take 25% of my pay as a garishment if I dont have papers from teh court cause they sent this paper my boss filled out that wasnt court papers it was a white piece of paper with the collection agency name on the top of the letter head.

You don't file a judgment; you file a statement of claim to go to trial to try to win a judgment. And there's a pretrial settlement conference before that occurs. It takes a while when someone chooses to defend.

Ray

So far all I have gotten for the letters I have sent is phone calls But I draw the line at them calling my boss That makes three calls to my boss.. I have told them to go ahead and file a judgement and all I get are more phone calls. I did write a letter to Consumers affair as for hiring a lawyer I really dont want to have to go there. I want them to rot in hell

" But I am wondering could they have sent the paper work to the court here in Kenora Ontario and if so what does this all mean"

Franniee, Franniee, Franniee, all it means is that Commercial Credit Adjusters is making a complete fool out of you. They've broken just about every rule in the book except for the one where they start sending over pizzas. [And yes, they deliver]. Now they're impersonating court officials. The pathological liars are excercizing their tiny brains to come up with a tiny bit of initiative and creativity. Be grateful, at least you're not getting those boring autodialler messages with the computer generated android voices.

At this point, they know they've got you psyched out. Your resistance continues to fail and they've almost psychologically broken you. And they know it. As well, they're probably recording all those calls to put in their in-house training manual. There's no point in giving you any more advice because you're in no condition to implement it. I think that the whole thing is hilarious, and I know what I would do to get rid of them fast - but that's me.

Here's a list of some of the things you can do.

1. Complain to both Ontario and Manitoba Ministries of Consumer Protection and hope their one isn't as useless as ours.

2. Sue them in YOUR own Kenora local Small Claims Court Office [if there is one] for harassment. This one might work but it's quite time consuming.

3. Go to the media. (Only if you want to be a local laughing stock.)

4. See if the local police will charge them with telephone or criminal harassment (Fat chance). Maybe a local justice of the peace route is possible.

5. Report their lawyers to the Law Society of Manitoba and the Law Society of Upper Canada. Silverthorn doesn't mention this one (I wonder why). But this one might work; however, it's a bit time consuming.

6. Have a lawyer draw up a "cease and desist or else" letter.
This would almost surely work. The only trouble is that the idiots have broken so many rules it would take half a day to describe it to any lawyer. At 300 or 400 bucks an hour, it might not be a cost effective procedure for the relatively small amount of money involved.

7 .Apply the "Jackson Method." It's free and never fails to work.

Whatever you do, there's no point in ruminating over it further. Wait until you get a court document served on you before you spend another dime. (Don't worry, you won't).

The problem is this: They are playing psychological war with you, the object of which is to break down your will by fear, humilation and persistence. There is no court document waiting for you and there never will be.

You can scare a person by making them believe there's a tiger in the next room, as much as if you really had one there. I had it done to me when I was a little kid. In my case, it was a boa constrictor. I never fell for it again.

As that slimy collection agency Total Credit Recovery" in Toronto boasts on their website, "Persistence Breaks Down Resistance. Favourite method of all the financial nazis out there.

Ray

PS: Here are the options a plaintiff has if they decide to sue someone in Small Claims Court in Ontario: See Page 8 of 18

http://www.attorneygeneral.jus.gov.on.ca/english/courts/guides/MakingClaimJul08EN.pdf

The Small Claims Court located in Kenora is :

Small Claims - Superior Court of Justice (807) 468-2842, 216 Water Street, Kenora, Ontario P9N 1S4

Give them a call if it makes you feel better.

Okay today at work someone who claimed they were an officer of the court called my work and asked my boss if I was working and my boss said yes and that he would have to take a message as it was to busy for me to come to the phone The person said no I just want to make sure she works there. and hung up so I am wondering if the collection company lawyer has sent papers down to serve me with and will show up in the next few days with them. My Boss said the guy was really rude and didnt really talk much. I called small claims court in Winnipeg they have no record of any judgement againest me as I thought they might have filed today and the web site was dated only to the 18th of Oct. But I am wondering could they have sent the paper work to the court here in Kenora Ontario and if so what does this all mean