The form is pretty simple, fill in the blanks...

Most people do not have the knowledge or understanding of how to complete a Statement of Finances. That is why I suggested requesting a Financial Capacity Assessment Form where all you have to do is fill in the blanks. However, if you feel that you are capable of completing a Statement of Finances, go for it.

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Educating one Consumer at a time

I am not in Vancouver and not in the position to have taken the day off to go and hand deliver anything....which is why it was mailed.
I would assume that Financial form is the same as statement of finances which is what the lawyer for ARC asked for...

Well, you've got yourself in a bit of a "pickle". This is why I recommended that all Defense Claims be hand-delivered to the Registry Office in order to avoid this situation.

ARC Collection Company could ignore any further requests from you and present a Motion to the judge to issue a DEFAULT JUDGMENT from which they could present another Motion to obtain a GARNISHMENT Order.

At this point, ARC Collection Company is in the "driver's seat" and they are "calling the shots". At least, you are fortunate that ARC is giving you an opportunity to attempt to resolve this outstanding debt BEFORE they seek a Garnishment Order.

Contact the lawyer representing ARC and request a FINANCIAL CAPACITY ASSESSMENT form which all collection agencies use when negotiating the settlement of an outstanding debt. Complete this form and mail it to the address supplied by ARC along with a copy of your most recent pay stub and a copy of your 2009 Notice of Assessment you received from the Canada Revenue Agency. After reviewing these documents, they will contact you and either offer you a negotiated settlement or inform you that they will proceed to obtain a Default Judgment which will then lead to a Garnishment Order.

I wish you well and hopefully you can avoid a Garnishment Order. It is illegal in Canada for an employer to release an employee upon the receipt of a Garnishment Order. Having said that, if a Garnishment Order is issued, I would strongly suggest that you keep your eyes open for another employment opportunity. Your employer may terminate your services and then give you a "cock and bull" story as to why your services are no longer needed.

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Educating one Consumer at a time

I sent the form too late, I assumed it was 14 working days.
I callled the registry to see what I could do to stop the guaranshee of my wages. She suggested I call the lawyer for the collection company handling it. I did so and asked if a lump sum or a payment option was possible. He called me back yesterday and they want from me a statement of earnings, a hardship letter and a copy of last years assesment.............isn't this what you give a judge ????

Is this normal ?????

Contact the Registry Office where you mailed your Form 2 to confirm the following:

1. that they received your Form 2

2. If they received it, that it was received within the 14 day period

3. that Form 2 was correctly completed and did not require any corrections or revisions

4. that the Registry Office has stamped all 3 copies and has mailed 1 copy to you

If the Registry Office can answer YES to all 4 questions, then you are safe and now you will have to wait until the Registry Office mails you a date, time and place for the pre-trial settlement conference. On the other hand, if the Registry Office answers NO to any questions other than question 4, the creditor can apply for a DEFAULT JUDGMENT.

Here is what can happen when you mail in a Defense ( Form 2 ). Unless you are a Paralegal working in the Small Claims Court system and are very familiar with their forms, it's very easy to "screw up" and submit an incorrect or incomplete form. When this happens, most Registry Offices will not make the required corrections and treat the form as "non-filed". This then paves the way for a creditor to request a "Default Judgment". I always advise people who are filing court forms in which they are not familiar with to complete the forms as best they can and hand-deliver them to the Registry Office and then ask the clerk to review the form as to its accuracy and completeness. If there are any errors or omissions, they can be corrected immediately at the Registry Office, receive their stamped copy of the form and be on their way. They then know that the form was correctly and timely filed. Remember, this is not the Canada Revenue Agency where if you file an incorrect tax return, they will make the necessary corrections. In the legal system, Courts and Registry Offices do not correct your errors and mistakes.

If the creditor obtains a "Default Judgment", you can file a "Motion" to have it "set aside". However, it's not an easy process and a judge has to be satisfied before he issues an "Order" to "set aside" the "Default Judgment" that your arguments are valid. Filing an incorrect or late-filed Defense just won't "cut it".

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Educating one Consumer at a time

Great, now my boss just came to me and asked me if I owe C. Tire money because he got a call and they are faxing him some paperwork..........

Now what ????????

I mailed the paperwork to the court registry and now today I got a letter from the law firm at my work an applicaton for default order......I'm really scared and don't know what to do anymore.......
I still believe this guy was in the wrong when he called me the one time only and then filed the papers right away but I guess that is mute now..........

Help.............

Might want to check with the registry before mailing anything out, then, assuming you have the correct office, inquire as to who you should be directing your certified mail to. IMO: You're better off to be tracking this type of mailing.

The court registry is in Vancouver, i am not going to drive there to put the form in, I don't have the money and can't afford the time off work, I will mail it in......

So even though I had only ever heard from this guy one time and I requested a letter in writing, they can just go ahead and file this notice.......that's BS. (The poor old guy who had to deliver it had a hard time making it up the stairs here).
The court registry is in Vancouver, i am not going to drive there to put the form in, I don't have the money and can't afford the time off work, I will mail it in......