Collection Agencies - Court order payment going to collection - need help - Canada

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RE: Court order payment going to collection - need help

Postby nameuser » Sun Dec 07, 2008 05:14:12 PM

"Wouldn't they have access to all that info already since the creditor is the City of Toronto? "

Maybe not. Revenue Canada, now that's a government creditor that you don't want to mess with. The city will use regular collection agencies, maybe they send it to a law firm to try and recover.

But yeah, Ray's right. Don't volunteer information.I'd even go as far as to open a new bank account with another bank or credit union just in case.
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RE: Court order payment going to collection - need help

Postby sweetevil » Tue Dec 02, 2008 08:45:51 AM

No they will not know my bank. They would know my old employment which I haven't work there since one year ago. Wouldn't they have access to all that info already since the creditor is the City of Toronto?
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RE: Court order payment going to collection - need help

Postby average_joe » Tue Dec 02, 2008 08:38:06 AM

Do they know where you work and bank? If they don't know where you work and the next time your talking to them, tell them your not working and you do not have a bank account. I would never volunteer information to them.
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RE: Court order payment going to collection - need help

Postby sweetevil » Tue Dec 02, 2008 08:33:36 AM

Thanks for trying to answer the question Ray.

I'm just confused at the whole process. My account has been transfer to collection about a month ago and I heard nothing from collections up until yesterday I think. My parents receive a call from a lady looking for me and when they ask who was calling, all she stated was "this is a courtesy call." Does it usually take that long for collections to call you? My boss said he has receive no order to garish my wage and my bank account seem to be working. If they were to seize my account, how much can they legally take?

I'm afraid to ask but what is the worst thing they can actually do?
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RE: Court order payment going to collection - need help

Postby Raymond » Mon Dec 01, 2008 10:36:51 PM

If they already have a court judgment or award, and you've defaulted, I don't see why they can't go right to the sheriff's office in your locale and obtain a writ of seizure for wages or bank accounts, any vehicle over $5650 (red book value), or possibly even real property. But they have to be able to give the bailiff specific information on the property because they're not going to go looking. But it's pretty hard to hide anything from any level of government these days.

I haven't dealt with this particular situation before so call your local sheriff's office (without giving them your name) to confirm.

PS: The upside is that, being a government body, they might be willing to accept a really lethargic payback schedule of 20 or 50 bucks a month. I dunno how much; I'm simply guessing from what I've seen in some other cases. If so, it would beat living in fear. However, the problem is that because a collection agency is now handling it as opposed to the City's legal department, the collection agencies will try and get every drop of blood out of you.

Ray
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RE: Court order payment going to collection - need help

Postby sweetevil » Mon Dec 01, 2008 10:09:09 PM

Maybe I should have worded it better. It's more a "party and party" cost.

Does the collection agency still have to go through the legal channel of bringing the matter up before small claim court in order to garish my wage and seize my account?

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RE: Court order payment going to collection - need help

Postby Raymond » Mon Dec 01, 2008 10:22:56 PM

Yes, you do have a problem. I'm at a loss to explain how, if you went to trial already, you wouldn't be familiar with the "party and party" costs or "solicitor and client" costs the loser has to pay the winner. After all, a municipality is a corporation or a legalized person under civil law just like a natural person. I'm not sure which one was awarded against you; maybe the latter if you pissed the judge off or your suit was frivilous.

Here is a basic summary.
http://www.golishlaw.com/kwgfees.htm

Anyhow, the costs are already part of a judgment obtained at a trial. How would you file a statement of defence? Your question doesn't make any sense.

But don't worry; Average Joe says you can settle for 10%.

Whatever you do, you better find a new place to keep your money and not write any checks on it.

Ray
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Court order payment going to collection - need help

Postby sweetevil » Mon Dec 01, 2008 05:08:08 PM

Last year, a friend and I took the City of Toronto into a civil litigation. We lost the suit and the court has order a $15, 000 payment to the city. Recently, the debt has been moved to a collection agency because my friend and I have no means of paying off the debt.

I'm a full-time university student with no assets and have student loan debt of $17 000. I work one day a week part-time and after paying all the legal fees for the civil litigation, I have no money left to make any payment.

The collection agency is threatening to take legal action to garish my wage and seize my account. In cases of court order debt, can I still file a defense?
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