Collection Agencies - Default Judgment Negotiating? - Canada

a good place to talk about links

RE: Default Judgment Negotiating?

Postby TJ.brooks » Fri Nov 22, 2013 09:49:07 AM

At the end of the day you struck a deal for 70% which I am assuming is for a lump sum payment.
Remember even if you pay it off totally now it is still on your report for the 6 years and will still give you a headache trying to get a reasonable mortgage.

Granted it would look a little better having paid beside it on the report....but...........R9 is R9.
TJ.brooks
Member
Posts: 1077
Joined: Mon Aug 22, 2011 01:43:46 PM
Province: ON


RE: Default Judgment Negotiating?

Postby TJ.brooks » Fri Nov 22, 2013 09:32:18 AM

First....never ever believe what a collection agency tells you.
Second ...your broker is absolutely right. But only if you went for a mortgage before the debt falls off your credit report which is 6 years from when it was first reported.
TJ.brooks
Member
Posts: 1077
Joined: Mon Aug 22, 2011 01:43:46 PM
Province: ON


RE: Default Judgment Negotiating?

Postby dude1983 » Fri Nov 22, 2013 08:54:44 AM

I was told that since we had an agreement in place, they we going to call off the trial.

As for the SOL, even though I may have not been required to pay by law, my mortgage broker advised me that it would need to be settled in order to get another mortgage.
dude1983
Member
Posts: 11
Joined: Wed Nov 20, 2013 02:47:28 PM
Province: AB


RE: Default Judgment Negotiating?

Postby TJ.brooks » Thu Nov 21, 2013 09:25:50 PM

It may have been a valid defense but the time to raise it was at trial. He knew the case had moved forward even after his verbal agreement.

Logic would dictate you go to court and raise the issue as to why are we here today if we had this agreement.
TJ.brooks
Member
Posts: 1077
Joined: Mon Aug 22, 2011 01:43:46 PM
Province: ON


RE: Default Judgment Negotiating?

Postby macie43 » Thu Nov 21, 2013 08:57:29 PM

He was served , he chose not to attend court and a default was given. Because he believed he had a verbal agreement in place.
Kind of hard to prove that to a judge now.


Does that give rise to an estoppel. Is that grounds for setting side a default judgment ?
macie43
Member
Posts: 64
Joined: Sun Apr 29, 2012 02:58:43 PM
Province: BC


RE: Default Judgment Negotiating?

Postby HonestAbe » Thu Nov 21, 2013 08:53:06 PM

But was it stats barred already when he was served? Possibly it was even if he didn't make payment for 2 years but suckered into written negotiations to keep the debt alive.
HonestAbe
Member
Posts: 212
Joined: Tue Oct 01, 2013 04:41:18 PM
Province: BC


RE: Default Judgment Negotiating?

Postby TJ.brooks » Thu Nov 21, 2013 07:52:36 PM

He was served , he chose not to attend court and a default was given. Because he believed he had a verbal agreement in place.
Kind of hard to prove that to a judge now.
TJ.brooks
Member
Posts: 1077
Joined: Mon Aug 22, 2011 01:43:46 PM
Province: ON


RE: Default Judgment Negotiating?

Postby HonestAbe » Thu Nov 21, 2013 07:48:42 PM

Well, if he wasn't properly served and he has an arguable defense - which he does if the debt was stats barred at the time of filing - I'm not sure why he isn't filing a motion to overturn a default judgment.

Mind you, the person has to do so as soon as possible upon learning of the judgment. However, if the defendant explained they were misled and just informed of their options, the court might be amenable to accepting the motion.

All this assumes no payments or written acknowledgments of the debt were made in 2010 and 2011 though AND he was not properly served. However, the fellow is very nebulous about dates and other details.
HonestAbe
Member
Posts: 212
Joined: Tue Oct 01, 2013 04:41:18 PM
Province: BC


RE: Default Judgment Negotiating?

Postby TJ.brooks » Thu Nov 21, 2013 07:27:52 PM

Perhaps I misunderstood what he said but the question I asked was did he make any payments between 2009 and 2012....thought he said no and then made a payment in 2012.
In any event he choose to miss court and a default Judgement was awarded.
TJ.brooks
Member
Posts: 1077
Joined: Mon Aug 22, 2011 01:43:46 PM
Province: ON


RE: Default Judgment Negotiating?

Postby TJ.brooks » Thu Nov 21, 2013 07:13:32 PM

It appears so....debt was from 2009 and he says he did not make a payment until 2012
TJ.brooks
Member
Posts: 1077
Joined: Mon Aug 22, 2011 01:43:46 PM
Province: ON


,

Return to Collection Agencies - Discussion Area