Collection Agencies - Landlord Tenant - Canada

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RE: Landlord Tenant

Postby sarahd4421 » Wed Jan 08, 2014 10:49:11 PM

Thank you for all your help, I haven't pulled my report ( will tmw ) but my financial advisor was able to see something in regards to this (without actually pulling a full report and hitting my credit score) .. Unfortunately my main concern is it not effecting my credit ( which if she can see it then I'm assuming it is) .. I'm going to contact the landlord /tenant borad tmw and see what exactly I can do ( I just feel like I don't have much hope.. Unfortunalty it comes down to our word againest his , even though my ex is taking financial responbility for this mess it doesn't seem to work. I 100% will be at the court hearing ( I met with a paralegal today to represent me, he talked about reopening the case, BUT wasn't exactly sure how to handle this case because it's a can of worms basically problem is given these paper and trying to settle out, of court and then everything being closed for hoildays I'm left to 9 days til court date. It's just very upsetting to myself that had I known this back in 2011 I would of showed up to the landlord/tenant hearing and taken care of this then. Instead of having my credit effected and then having to pay even more then the $1500!! Is there a way that the landlord can withdraw his previous claim ? ( I think I'm just getting pathetic and want this dealt with the best way possible )

I guess what I'm confused about is earlier you stated that it wouldn't show up on the credit bureau had it just been through Tribunal ( which it only has ) we haven't gone to court at all for small claims ( jan 17 2014 will be the first hearing at small claims for this matter. )

Landlord tenant Tribunal oct 25 2013
Small claims jan 17 2014
sarah d
sarahd4421
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RE: Landlord Tenant

Postby HonestAbe » Wed Jan 08, 2014 10:03:06 PM

First off, it might not be on your bureau reports. You need to check! You can get them for free by mail, or go online for a small fee. Or you can even visit the Toronto Equifax outlet if you are near Yonge and Finch for a free report. Ditto for TransUnion in Hamilton.

Like I said, you can always file a motion to have the judgment overturned, but you'll need an arguable defense. With a Tribunal decision against you, I think the judge would want to see the Tribunal overturning it first; otherwise, your chances are small.

Make sure you show up for the Examination of Assets hearing. If you're hard up for money, ask for an easy payment order of say $20 per month, with no interest while not in default of the payment order. On the other hand, if you are in a position to settle immediately, you can usually negotiate the amount down.
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RE: Landlord Tenant

Postby sarahd4421 » Wed Jan 08, 2014 09:17:53 PM

No he did not ( from what I know of I was never given anything ) this is the first time it has gone to small claims... sorry its called a "judgement debtor examination" ( my financial status ,my income, debts, monthly payments etc )
the landlord is currently looking for $1500 + 3 % interest since oct 25 2011 ( which is that date of the Landlord Tenant Tribunal and was made against us ) and other filing fees a total of 2238.00

I don't know much about all this BUT it seems sooo hard to believe that a landlord can " say " they dropped off paperwork for a Landlord Tenant Tribunal to you and when you don't show up ( because you have no idea there is one ) it in turn ruins your credit for 6 - 7 years... I mean what's stopping him or anyone from " saying " they mailed it and never actually doing it and effecting someone's life in the credit world ?
sarah d
sarahd4421
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RE: Landlord Tenant

Postby HonestAbe » Wed Jan 08, 2014 08:50:27 PM

I'm still not clear. There is no such thing as "judgment of examination".

There is no way once a judgment has been obtained, that it will be removed before the 6 or 7 year period, whichever applies, is up; it would simply be marked as "paid" or "satisfied" as opposed to "unsatisfied" on your credit reports. As a result, it would still affect your credit score. BUT you need to pull both of your reports to check if it's even on there.

Answer these questions:

Did the landlord get a judgment in small claims court after the Tribunal hearing?
If so, how much is it for and when? What are the interest terms?
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RE: Landlord Tenant

Postby sarahd4421 » Wed Jan 08, 2014 08:32:16 PM

So would the enforcement tool be the judgment of examination ? ( I'm gonna assume when it comes to small claims hearing that you MUST physically hand paperwork to the person or hire someone to do so)

So if I was to make a settlement with the landlord before small claims is there a chance that I may avoid it showing up on my credit score ?

The website you linked is helpful ( I actually was looking at it earlier in the day but everything has a time limit 10-30 days it's been 2.5 years since this was bought to the landlord / tenant borad so I doubt I'm going to have much luck there )
sarah d
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RE: Landlord Tenant

Postby HonestAbe » Wed Jan 08, 2014 08:13:21 PM

Oh, I was confused given the partial information you listed. Your landlord launched an application with the Tribunal which you and you ex-boyfriend claim that you never received any notice of. So the landlord easily obtained a ruling against you in absentia. When the landlord failed to collect on it, they filed an action in small claims court to obtain a judgment to use as an enforcement tool. The Tribunal order would not be on the credit bureau but the judgment from small claims court would be.

As the Tribunal states:

"Orders issued by the Board are legally binding decisions - they must be obeyed. If one person is ordered to pay the other person money and they do not, then the person who is owed the money can file the order with Small Claims Court to have it enforced."

Read this page and see if there is anything in your situation that would allow you to have the order reviewed. Highly unlikely, judging by what you say.

http://www.ltb.gov.on.ca/en/Application/STEL02_111295.html
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RE: Landlord Tenant

Postby sarahd4421 » Wed Jan 08, 2014 07:35:35 PM

My apologies im beyond stressed over this and using my phone prob didnt help the confusion.... I was never given anything personally and neither was my ex ( he had already moved out ) but according to the landlord/ tenant board all they have to do is send you ( documents to attend the hearing at the landlord/tenant hearing ) through the mail it doesn't have to go to you directly which is why myself or my ex never should up to the hearing for the landlord/tenant hearing ( hence why i was more then shocked to receive this ) or i would of dealt with is back in 2011 ....On the form that was given to me for the judgement examination hearing( dec 2013)It stated that there was a judgement made against my ex and I on Oct 25 2011 in the landlord/ tenant court ) that was all and obv the amount that they are going after. So even though it was a Landlord Tenant Tribunal it would show up on my credit ?
sarah d
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RE: Landlord Tenant

Postby sarahd4421 » Wed Jan 08, 2014 07:02:51 PM

It was for non Payment of rent ( last 2 months my ex lived there )
sarah d
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RE: Landlord Tenant

Postby sarahd4421 » Wed Jan 08, 2014 07:01:53 PM

I was never given anything .a judgement was made against myself and my ex at a landlord tenant hearing on oct 2011 that's it there was never anything else giving us. Until dec 2013 when I was handed a examination hearing in small claims by the paralegal working for my former landlord
sarah d
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RE: Landlord Tenant

Postby HonestAbe » Wed Jan 08, 2014 07:03:49 PM

You're giving piecemeal info. Back up. What was the application before the Landlord Tenant Tribunal for and what was their ruling?
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