General Discussion - Going to court - Canada

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RE: Going to court

Postby average_joe » Tue Feb 24, 2009 07:46:11 AM

If they know you have assets like a home or you have a gov't job or a job that they know you have been there for years they will sue,but if you have nothing they won't throw good money after bad.
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RE: Going to court

Postby horacioeg » Mon Feb 23, 2009 11:31:40 PM

Taking debtors to court depends in many factors like how probable the creditor is going to get its money back, how much is going to cost them to sue, the amount of money owed, etc. They do take debtors to court in some cases but that is the worst thing that can happen to you, nothing else. There is no jail time for debtors since many years ago so don't worry about that. In case they take you to court, you have to be prepare to show the judge your current economic situation (income , assets, etc.) and from there, the judge will decide and affordable amount you can pay the creditor, so, in many cases it is not worth it to them to sue you, but I can not tell you if they will or will not. Taking debtors to court takes time. By now, just be prepare to listen a bunch of threats. (If they tell you that they are going to sue you, must likely they won't). Take control of your situation and don't let this people ruin your life.
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RE: Going to court

Postby Filmmaker » Mon Feb 23, 2009 10:26:44 PM


I appreciate the quick response.

Do they often go to court in many cases? Will they tread into my bank statements, financial records to show proof I haven't worked? I've tried several times to explain, when I get a job you will start to get payments.

The person on the phone also said, going to court I will also have to pay the legal fees for their side, is that true or just another scare tactic? Is Jail a possibility as well?

One more thing, if they do decide to sue, how long before I stand before a judge?

Thanks again,
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RE: Going to court

Postby horacioeg » Mon Feb 23, 2009 10:18:05 PM

You can tell them to sue you and if you don't have any income or assets, there is no much they can do but wait until you are in better shape. That is only if they get a judgement against you in case they do decide to take you to court and if this is the case just be sure to show up and explain the judge your situation. They cannot take money where there is none. Don't stress out. The current situation is already though to add the pressure of this people. Don't answer the phone if you don't feel like it. Most of the time, they just want to scare you so you go and get into more debt just to pay them. That doesn't mean you don't have to pay, but you will when your situation gets better and under different circumstances. Good luck!
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Going to court

Postby Filmmaker » Mon Feb 23, 2009 09:55:37 PM

Hello,

Sorry if this isn't the appropriate place for this but I too am hounded everyday by collection agencies, mainly A.I.C. Anyone else deal with them? They call early in the morning, late a night, they don't stop.

I haven't had any income in two years, I try to explain this to them but they must think I'm lying. A couple of weeks ago I was informed my lawyer had to contact them so my question is, how do I deal with this? I owe 20Grand from student loans, have not found work and live at home.

The stress has been getting to me and I'd like to know what my options are, what can I say to them over the phone? I don't know what else to do.

Thanks,
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