You said in a previous thread that you were on a disability pension but did not clarify what kind of disability pension you were receiving. There are basically two types of disability pensions -- public and private.

If it is a private disability pension, then it falls under the Ontario Wages Act, R.S.O. 1990, c. W.1 and is therefore subject to a garnishment order because Subsection 7 (1.1) defines a private disability as wages.

7 (1.1) For the purposes of this section, payments from an
insurance or indemnity scheme that are intended to
replace lost income because of disability, shall be

deemed to be wages, whether the scheme is

administered by the employer or another person.
1999, c. 12, Schedule B, s. 18

This means that under the Ontario Wages Act, a garnishment can only apply to 20% of the net wages ( gross wages, less statutory deductions, e.g. income tax, C.P.P., E.I. ) A court judge can override this rule by either increasing or decreasing the 20%.

If it is a public disability pension such as paid under the War Veterans Act, the Canada Pension Plan Act or the Ontario Disability Support Program Act, then the disability pension is not subject to garnishment by a non-government entity. Under the ODSP, Section 18 provides the exemption to a garnishment.

18 (1) Income support under this Act,
(a) is not subject to alienation or transfer by the

recipient; and
(b) is not subject to garnishment, attachment, execution,
seizure or receivership under any other Act. 1997,

c. 25, Schedule B, s. 18(1)

Similiar provisions are found in the War Veterans Act and the Canada Pension Plan Act.

If you are being hounded by a collection agency, there is no law in Canada that says that you have to talk to a debt collector. If you answer the phone and it is a debt collector, hang up immediately. In your situation, you really can't afford to repay this debt. By the way, I too am legally blind as certified by the CNIB and cannot see the phone numbers on my phone, as I have caller ID. So I purchased an audio unit from the CNIB and it announces the phone number of the caller. I can hear it anywhere within my apartment. I strongly recommend it to you. If you don't recognize the number or you know a collection agency is calling, don't answer the phone.

Good Luck and have a GREAT DAY

Don't worry Veteran. If you are on disability, I am 100% sure the judge will give out a ruling with something like a monthly payment of $15 on the principle with no interest incurred. Many cases similar to yours have been presented here over the years.

It is a lose-lose situation for the them.

The judge will see your situation and even perhaps rule in your favor. They look for pre-judgement and post-judgement interest.

why would they sue you if you have no assets or income?? Are they stupid??

If you do talk to them ask them what the hell they expect to do with a judgment. It sounds like it would be worthless to them.

I've done legal recoveries for a collection agency in canada and you don't sound like someone they would normally sue. Then again, they're all idiots.

-->Drunkbeerguy
Thanks, for your comment. It does calm my nerves somewhat.

Actually, from being on this board for a few years.....if I remember correctly, being on disability & in your situation, the Collection Agency doesn't stand a chance. You would not have to pay the interest, and may have to pay something like $25 a month for over 5 years.

I got a lawyer who is representing me for free, she was sure it
would have been a "scare Tactic" but when she looked over the document she saw that it was a real court paper for small claims.

they want the 1600 plus their 28% interest from the past years which is 5,000 or so.

I am on a disability pension, so they can't garnish my wages. Not sure what they will do. I am just going to ignore it and see, maybe move and get an unlisted number :)

FAT PAUL AT ARO,

It sounds like your a little stressed out these days.

Only if it is a bogus letter......I highly doubt you would be sued for $1600, but you never know I guess. 99% sure it is a bogus letter, but you can always go down to the court house and find out. If "Draft" is anywhere on the letter, then you can use it as toilet paper.

when you run out of toilet paper use that letter!!