Ontario might be different from here in Saskatchewan however here I know that even a contractor can do it and they do not have to sue anyone first. Speaking from experience

Your thinking of a builders lien, and I dont think that the guy would go to that extreme... Besides, to my knowledge (and I am a collection specialized paralegal, so correct me if I am wrong), builders liens can only be placed by persons who are registered as contractors. It doesnt sound like this guy is so legit...

And in my experience, in order to file a lien, he would have to sue, serve the "Defendant" and allow proper time for the "Defendant" to respond. He cannot place a lien in Ontario Small Claims or Superior without doing this first.

Yah but what about the fact that if the contractor has gone to the exteme of filing this with a collection agency what is stopping him from attaching a lein against the home, and the this person can not sell or anything else without paying this money. In small claims it would not cost alot to file and it gives this guy the idea that he did do damage to the home and contractors have the idea that they can do what they want and they can this creep can go down and show the court the contract and attach a lein on the property.

In some cases, it is better to be the Defendant as opposed to the Plaintiff, some judges, while they are supposed to be unbiased, still have hearts and such. I would say that the way McDonaja is taking care of this is the most logical way to do so. Bill is also correct in saying that there really isnt enough for McDon to file a claim theirself, unless by way of damages for the damages done to the home.

We do not have enough of the backround to suggest the filing of a claim against this guy. On the other hand, it sounds like McDon has enough to back him/herself up should a claim be filed against them.

I would say the best course of action is to send the C&D and wait for any possible response.

If they sue you file a defense and a counter-claim.

I am curious about the legal advice you are giving Janet; what exactly would mcdon put on the plaintiffs claim as the reason for the action?

I think you would be better off to go and file a small claims case against him with the information you have stated and ask the court at the same time to make him removed it from the collections. Then you are taking the proactive, if you go into court as a plantiff instead of a defendant, it will be better. then it doesn't just look like you did not have the money to pay him. Good luck.

Legally they are bound to repsect your request under the Collection Agencies Act, R.R.O 1990 – Reg 74. http://www.canlii.org/en/on/laws/regu/rro-1990-reg-74/latest/rro-1990-reg-74.html) If they fail to do so, try contacting the Business Practices and Consumer Protection Authority at 1 888 564-9963 for the name of the complaints manager for the Collection Agency that you are dealing with.

I've never had to go that far, but on the off chance you do...

Good Luck!

New member...hi everyone.

I hired a painting contractor (with a contract) to repaint our home. Bottom line he breached the contract and he was fired for this in addition to the damage he caused to our home...turns out he wasn't a very good painter..lol.

In the end we paid him a little better than 50% of the estimate and told him to go pound salt for the rest. We had to hire another company to finish the job and to repair the damages done.

Well now the moron has sent this to collections and we got the first call. I am sending a "Cease & Desist" letter registered mail today disputing the alleged debt and suggested very strongly that their client initiate court proceedings so that I could vigorously defend the action.

The amount in dispute is only $2000.00. What are the chances this guy and the collection agency (TDR) will go away? PS we will defend any actions as this guy is an idiot.