by DanielBl » Mon Jan 03, 2011 07:55:04 PM
Yes, sad to say, I do know how far they might go; and that is all the way.
Even though Mark Silverthorn, formerly Miskin's industry counterpart, terms people in your sad situation, "judgment proof" (no income or assets); nevertheless, occasionally, agencies will get the creditor's permission to obtain a judgment against them in case things get better down the road for the defendant. In particular, Canadian Tire Bank is one of the lenders who don't care what financial state the borrower is in when deciding to litigate. After all, a judgment lasts for at least 20 years and its enforcement writs are renewable every 6 years. They'll spend $100 to file a Form 20C or 20D with the local sheriff's office and that'll cover everything for 6 years, until renewed.
Most people in your situation never bother to file a defence, figuring they have none, or it's not worth the bother. This makes it easy for the creditor to get a default judgment. In 10 years, if your situation improves, the original judgment with post judgment interest @ 18.9% will rise to over $34,000.00 when legal costs are added in. Thus you will be in perpetual bondage to poverty unless you declare bankruptcy.
Better to file a defence in Small Claims Court as you've done; and if it comes to trial, you can request a payment of $10 a month with no interest while not in default of the payment order. If it's a mean judge, offer $15 or $20, and pay it with your GST refunds.