http://www.canlii.org/en/sk/laws/stat/rss-1978-c-c-15/latest/rss-1978-c-c-15.pdf

That is the legislation that governs collection agencies in SK.

My daughter ended up paying this company, BUT - not without alot of hassles and phone calls.

Note of Interest: All the phone calls were made by me, who lives in the US right now. I spoke to several individuals with the company - I took names, numbers, time of call and essense of the conversation. Over the course of a couple of weeks, without having anything but my daughters address, they proceeded to give me CONFIDENTIAL information about my daughter. My daughter was surprised as I told her the information they gave me. I do have a good honest relationship with my daughter. If the information was so easily given to me without identification other than me saying I was her mother - who else has gotten her personal information? Everything from her first car, to loans she had, to addresses she lived.

In the end, they sent a letter about her debt, saying that if I choose to cancel any payments, advise my credit card company that they obtained the card # in a (hmmmmmm negative manner) that they would go after her for in excess of $3,000 and that contract to pay would be null.

I have let this go for a number of months, realizing that any negative posts about this company would further make a difficult situation more difficult. I will have to investigate further what the confidentiality laws are for Saskatchewan - and then will proceed with action against this company.

I welcome any advice that I can further my case against Contact Resource Services Inc.

Thankyou

Thank you Millie,

I have gone over all the documents I pulled from the court and the address is correct though the phone numbers is not,

You bring up a good point about the default notice so I will take her down to the clerk and see if that was done correctly.

I have to agree with you about regular mail being a bad way to serve, I have heard of cases in Scotland where service was carried out via registered mail and the envelopes were either empty or contained nothing but fliers.

I could be wrong then about the regular mail. Law school was ten years ago. I'm suing two companies at the moment and I remember seeing registered mail and courier as an option but no regular mail.

Regardless if regular mail is allowed then it is going to be treated the same as in person where the person serving is required to swear to it. It is a bad way to serve someone given for a few dollars you get documentation.

That still does not explain the lack of a default judgment notice. That would have come directly from the court house. I'd start by checking to make sure the address they filed with the court is actually accurate. They very well might have served the wrong address.

I have sight of document SCR 8.06-8A Affidavit of service,page 2 paragraph 2 check box 3,
it reads "regular letter mail or registered mail"

The lady who asked me to review this has lived at the same address for the past 10 years and is very respected in her community, she came to me for advice as a family member and drawing on my past experience many years ago in the UK, I am admittedly not the best person for advice so I have told her to seek out a Lawyer/ Solicitor. I did think it strange enough to share with this forum and I am very interested what others may have to share.

Millie P,

RE: No service by regular mail. I am confused.

When did they change that rule in Ontario? Service by regular mail was still quite common as far as I am aware and I have used regular mail to serve someone as recently as 2yrs ago.

You can't serve someone by regular mail. The options are in person, though an agent, courier, or via registered mail.

Also, if a default judgment was entered you would have received notification directly from the Clerk. That you didn't get that is rather odd.

If a default judgment was entered against you you could have tried to have it set aside. It would be time consuming and a headache but possible. At this point though it has gone to enforcement stage so that is going to be even more difficult.

The wording of your post makes it hard to understand if you mean they swore to serving you and then sought the default judgment 25 months later or if they got the default judgment 25 months ago and they are just serving you with the Notice of Garnishment now. If the first is the case then it is very weird but if it is the latter then it would seem like they were not able to find you and that would make the rest of this make more sense.

Hi, A family member has just received a noticed of garnishment from this company, so I was asked to look into it; what I have found is that the company appears to have received a default judgment by swearing that they served a summons via regular mail 25 months earlier. This debt was past the statue of limitations at the alleged date of service and the judgment was not used until now and no contact written or otherwise carried out.
It all seems very fishy and I would like to hear from anyone who has had a similar experience.

I think you have to contact someone in the Industry Canada department to find out what your next step is.

Sue them? Pretty vague question you are asking so without the whole story its probably something to talk to a lawyer about.