Collection Agencies - default judgment against me - Canada

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RE: default judgment against me

Postby RichardC » Thu Jun 11, 2009 04:11:00 AM

I'm not qualified to give legal advice since I am not a lawyer so check with someone qualified to answer your set aside question. But it sounds pretty weak since you offered to settle once you got the claim so you did know about the action.

RE: letter, yes the collection act says a letter must be sent, and they probably did, but it doesnt need to be registered so its word against word in court. The collection agency will have proof in their system that they attempted to mail it...

Let me guess the collection agency is CRS?
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RE: default judgment against me

Postby average_joe » Wed Jun 10, 2009 06:17:45 PM

I think it's pretty sneaky that they don't warn you about the debt in writing. It could be that the creditor is aware of your home and they want to get the judgment so they can get all their money someday.

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RE: default judgment against me

Postby koloplota » Wed Jun 10, 2009 04:44:40 PM

Thank you, RichardC, for responding. Are you saying that I do not have chance to be granted a set aside of the judgment or no chance of winning the trial afterward?

I was under impression that collection agency regulations in ON required the agency to send me a letter stating that they are handling the file.

What's happened is that the collection agency went straight to the small claims court without any attempt to contact me. They are acting as representative of Can Tire. Is that normal that they would not try to collect first?
I am unemployed but own a house.
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RE: default judgment against me

Postby RichardC » Wed Jun 10, 2009 02:59:41 PM

Nothing adds up in your strategy, at the risk of being direct, it’s bad.

Hire a paralegal to take care of your legal issue IF you really want to fight them on it. But based on what you wrote in your original post it sounds like a total waste of time, money and probably some sleep.

Depending on where you sit from a bargaining position (ie are you a homeowner or is there a job they might know about), why not make a deal on the judgement? We settle judgement debts all the time.
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default judgment against me

Postby koloplota » Wed Jun 10, 2009 01:54:49 PM

a collection agency has won a default judgment against me due to the fact that I have not filed a defense. I am now filing a motion for a stay.

I am supporting my motion by 1. personal circumstances at the time of receiving the claim,

2. the fact that I was never notified that the debt was now handled by a coll. agency

3. they ignored (did not answered to) my settlement offer I sent them after receiving the claim papers. (Naively, I thought that that would stop the suit in small claims)

Any advice?

Since I have to serve the copy of the motion and affidavit to the collection agency I also worry about tipping them off about my defense strategy in case I win the stay.

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