Collection Agencies - Help!! Automatic Judgement?? - Canada

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RE: Help!! Automatic Judgement??

Postby Paperchaser » Sun Sep 26, 2010 02:38:25 AM

I stand corrected with regards to the issue of verbal communication.

Here are two links that provide better information on the matter:

http://www.casselsbrock.com/Doc/Limitations_Law_in_Ontario

http://www.canlii.org/en/on/laws/stat/so-2002-c-24-sch-b/latest/so-2002-c-24-sch-b.html

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RE: Help!! Automatic Judgement??

Postby bullring » Sat Sep 25, 2010 07:11:19 PM

There is nothing you could say over the phone to acknowledge a debt in terms of SOL. You need to make a payment to start up the SOL again. It is your "last date of payment" that the SOL is based on. Not your "last date talking to a collection agent about this debt."
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RE: Help!! Automatic Judgement??

Postby Zacksdad » Sat Sep 25, 2010 07:10:19 PM

What does it say about what is considered acknowledgement? Talking on the phone to them and denying the debt is yours would be communicating with them but how could that be considered acknowledgement? Something is missing here,there must be some more info on acknowledgement in the legislation.
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RE: Help!! Automatic Judgement??

Postby Paperchaser » Sat Sep 25, 2010 06:13:49 PM

This is an excerpt from the Ontario legislation with respect to statute of limitations in which a collection agency is bound by.

Ontario - The Ontario Limitation Act 2002 , came into force on January 1, 2004. It sets two years as the term (Section 4). This limitation will be reinstated where the debtor acknowledges the debt or makes a partial payment towards repayment of his debt. If the default occurred prior to January 1, 2004, the creditor will continue to have 6 years to pursue the claim. However, if the default occurred after January 1, 2004 then the 2-year rule applies.

So as I said everytime you communicate with the collection agency and you acknowledge the debt etc etc.. you start all over again with the 2 year period.
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RE: Help!! Automatic Judgement??

Postby nameuser » Sat Sep 25, 2010 05:58:14 PM

"Everytime you speak with a collection agent increases the length of Statute of Limitation in Ontario."

How so?
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RE: Help!! Automatic Judgement??

Postby Paperchaser » Fri Sep 24, 2010 01:13:38 PM

They don't have to take you to court per se, but they DO have to go to court to get a judge's order for garnishment and execution of said order.

All they are doing is huffing and puffing.. ok I don't know what your situation is but lawyers aren't cheap. A collection agency isn't going to spend 1 or 2 thousand dollars to try and collect peanuts.

Remember your original debt with your creditor has been written off.. it was probably bought for pennies on the dollar.

Everytime you speak with a collection agent increases the length of Statute of Limitation in Ontario.

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RE: Help!! Automatic Judgement??

Postby nameuser » Tue Oct 05, 2010 03:20:29 PM

Notice that it is close to the end of the month here. That's the deadline for the bill collectors to collect money towards their 'targeted' recovery each month. Anything over a set amount becomes commission to them, so they get really bitchy when accounts they expected to pay don't before the end of the month.

If you have a loan in progress or they think your payout could be stalled then they will start putting on pressure to make it appear more urgent.

They can't have an automatic judgment, that's a load of crap. Tell them that your attorney asked for their attorneys contact information and listen to the collector clam up. IF they even have the information, it is not something they would want you contacting their lawyer to find out that they actually don't have a judgment or plan to sue you.

Also, ask them for the docket number of the judgment, they won't have a good answer to that one. IF they actually had a docket number you can search for this magical judgment in the court database.
http://www.canlii.org/en/on/oncj/index.html

More info on collection agency's threatening legal action
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RE: Help!! Automatic Judgement??

Postby Stefanknee » Fri Sep 24, 2010 10:39:21 AM

They said that since I have confirmed the debt that they dont need to take me to court? I am trying to get the money through a bank but its taking some time.

I just want to make sure what they are telling me is just garbage. Because I am worried they will start contacting my employer and I dont have enough knowlegde to know what is the law and what is not.

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RE: Help!! Automatic Judgement??

Postby Paperchaser » Fri Sep 24, 2010 06:54:48 AM

Nope... it's just a scare tactic. In order to garnishee your wages the collection agency has to go to court and then only if they have the permission from the original creditor.

Additionally you have to be notified in writing about this. Also it can only be done if they get what is known as an "execution order".

There is no such thing as automatic garnishment, and no they cannot contact your employer to do so.
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Help!! Automatic Judgement??

Postby Stefanknee » Fri Sep 24, 2010 06:24:19 AM

I need help. Collectcorp has just called me saying that they can get an automatic judgement to garnish my wages. And that they can directly contact my employer to do so.

Is this true. Help! What can I do??
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