Basically, anything is allowed that isn't specifically disallowed by any law.

If you look at the collection agency acts of different provinces, you'll see that they permit collection agencies to contact a debtor's home phone, subject to certain time of calling, frequency and behavioural restrictions.

For example, New Brunswick's Regulation, 84-256, subsection 14(1)d; Alberta's Regulation 194/99, subsection 14(1)a; Ontario's Regulation 103/06, subsection 22(6) are all silent on the consequences of who might pick up a recorded message so long as the call is made to the debtor's home.

Thus the short answer is yes, collection agencies can leave a message at your home. If you want to guarantee privacy, you need to give them a cell phone number.

While others on the site are likely more knowledgeable, it is my understanding that if they could reasonably know that it is not a private answering machine used solely by the debtor, then it would contravene the Privacy Act (PIPEDA and/or provincial statutes) and would be illegal.

As stated elsewhere, that doesn't stop them, they engage in illegal activities all the time figuring for one that if you are in debt being collected upon, you don't have the resources to hire a lawyer and charge them. I believe someone else can point you to whom you would complain about their breaches.

Is there anything in law that prevents a collection agency from leaving a message on an answering machine that can be acessed by numerous parties besides the debtor. In the message they clearly state they are a credit recovery company.

Yeah, just hold your breath until the summer; everything should officially blow over by then. If you win the lottery later on in life, there is still an obligation to settle. In such case, you could always offer them some small percentage of the original defaulted amount. Never mind the interest.

I should also have mentioned that collection agencies acting for the original creditors or debt buyers, themselves, will likely bug you about the debts long after they become stats barred. Collections agencies licensed in New Brunswick must obey the collection laws pertaining to the province they work out of as well as those of the province they are trying to collecting in. Alberta's laws under Section 12 of the Fair Trading Act are pretty similar to those under Section 14 of the Collection Agencies Act, Regulation 84-256 of New Brunswick.

Likely, the most relevant subsection would be 14(f)(ii) of the latter, whereby the collection agent is prohibited from threatening a law suit if a debt is already stats barred. Some places prohibit trying to collect on a stats barred debt, but Alberta's Regulation 194/1999, subsection 14(1)(x), merely states that there must be no collection effort for non-judgment debts which are more than 6 years delinquent, even if the limitation period is only 2 years. So, legally, I guess they can bug you as long for 6 years, at least - not that they will. Vultures generally move onto easier meals.

http://www.canlii.org/en/nb/laws/regu/nb-reg-84-256/latest/nb-reg-84-256.html

http://www.qp.alberta.ca/documents/regs/1999_194.pdf

@HonestAbe - Thanks for the information. I wasn't aware that they had passed the new act. I knew Alberta and one other province were at 2 years already. I haven't given any of them anything in writing that I can recall since payments under the debt consolidation ended in March 2013.

I don't have a mortgage anymore, as the foreclosure was in Alberta and they aren't allowed to come back by Alberta law, as well as the letter cooperating with the foreclosure also clearly stated that the cooperation was predicated on there being no further action afterward. I even spoke to the legal assistant handling the file/foreclosure and they confirmed that as well. I don't even see it on my Equifax bureau.

So essentially, to the best of my knowledge it is all unsecured debt from credit cards and loans (Wells Fargo, CitiFinancial - I think they thought they had security, but the security items were likely sold before the move over a year ago.).

Unless I withdraw from my RRSP, my only payments are wages / salary at the moment, though I may be on EI soon if I don't find work before my current employer closes their doors at the end of February.

Thanks again. It would appear that I deal with the phone calls and if I talk to them, I make it clear I don't necessarily acknowledge the debt (even though it isn't in writing), that I don't intend to pay, that I don't own property, nor significant assets and that very soon I could be on EI and primary caregiver for my son.

Thanks again.

Probably, the limitation period applicable to most of your debts is 2 years rather than 6 years because the new Limitations Act took effect on May 1, 2012. But be careful about providing written acknowledgements with your creditors. Often, as a debt nears its SOL, the creditor will take a last kick at the can in trying to get you to at least acknowledge the debt to renew the limitation period; so keep your communication to the telephone. No emails either until you're sure the applicable SOL has passed.

Like the old song says " When you got nothing, you go nothing to lose", so not much point in being stressed. Anyhow, if anyone were going to sue you, they would have done so by now.

Also it's not clear if you still have a mortgage. The fact that creditors can put a lien against personal or real property after a judgment often encourages them to file an action when they otherwise might not have.

While they can't garnish wages in New Brunswick, they can potentially garnish other types of income in bank accounts, though it's a pretty involved process and not easily done.

http://www.legal-info-legale.nb.ca/en/index.php?page=judgment_enforcement

History:

Essentially after running up debts that I was 2 years into a 5 year plan to have eliminated entirely (outside the mortgage), I was forced to move across the country by my spouse (honey, I'm moving and taking our son, you can come or not) and we both left behind good, reasonable paying jobs, left a house and garage for the bank (voluntary foreclosure because it was "upside-down") etc. The move wasn't inexpensive, and there wasn't much work in Atlantic Canada at the time (Summer 2012), so I was unable to continue my debt consolidation that I had established through a firm. (It took 9 months total to find work!) Therefore my creditors weren't being paid and started collections.

Now:
I am working now, though the company I work for is closing its' doors in a couple of weeks. I have paid some of the smaller balance creditors off, especially those who come first - Revenue Canada in particular. Those creditors who didn't write things off and walk away have sold their debts to others. I doubt the new owners have all the paperwork necessary to prove the debt exists, however, that may be a moot point. Since I am again going to be unemployed and living in New Brunswick (a no-garnish province), these idiots think they are going to collect 30% interest on a debt they are collecting and paid pennies on the $ for and I don't think there is ever any way to pay it all off and still actually live under a roof and eat and support my son. The original creditors have their entries on my credit bureau report and all are R9, so whether I pay or not, it isn't likely going to affect my bureau anyways. It is almost as low as it can go! It goes against my morals to not have paid and I feel for my original creditors, but I don't feel for, nor have I entered into any agreement whatsoever with the people who bought the debt. I am really thinking it won't hurt my credit and outcome to simply ignore the collection calls until the statute of limitations runs out, so long as I stay on top of whether any of them actually sue. I am soon going to be unemployed, I am broke, have no property or other assets worth a significant amount. Other than the annoyance of the creditor harassment (since they can't get anything out of me and they know it from the notes on the file, the purpose of the calls *MUST* be for harassment), there doesn't seem to be much they can do even if they *DO* try to go to court to get a judgement (throwing good money after bad).

I want to start sleeping better at night, the stress has begun killing me.

Thoughts? Ideas? Suggestions?
Thanks!