Collection Agencies - CRS is trying to collect 2 yrs old debt in small claim. - Canada

a good place to talk about links

RE: CRS is trying to collect 2 yrs old debt in small claim.

Postby TJ.brooks » Fri Sep 07, 2012 06:47:12 AM

Get copy of both equifax and transunion report.
Check last payment/activity date.
TJ.brooks
Member
Posts: 1244
Joined: Mon Aug 22, 2011 01:43:46 PM
Province: ON


RE: CRS is trying to collect 2 yrs old debt in small claim.

Postby bjking8 » Thu Sep 06, 2012 08:28:35 PM

I am waiting for a copy of my credit report. They claimed the payment was made prior to SOL. I didn't make the payment. I know for sure because I was not making a cent at the time.

bjking8
Member
Posts: 5
Joined: Tue Apr 26, 2011 10:44:21 AM
Province: ON


RE: CRS is trying to collect 2 yrs old debt in small claim.

Postby TJ.brooks » Mon Sep 03, 2012 06:08:16 AM

what do your credit reports say as to last payment date?
When do they claim this payment was made?
If it was after the 2 yr mark even if true would not re start clock.
TJ.brooks
Member
Posts: 1244
Joined: Mon Aug 22, 2011 01:43:46 PM
Province: ON


RE: CRS is trying to collect 2 yrs old debt in small claim.

Postby bjking8 » Sun Sep 02, 2012 10:11:06 PM

hi brook,

debt is 2.5 yr old. my defense is out of statute of limitation.CRS claimed I made a payment and that restart the counting. I didn't make any payment.
bjking8
Member
Posts: 5
Joined: Tue Apr 26, 2011 10:44:21 AM
Province: ON


RE: CRS is trying to collect 2 yrs old debt in small claim.

Postby TJ.brooks » Sun Sep 02, 2012 08:06:59 AM

Not likely as they simply could have mailed it to your P.O. box.

It is odd though how some they persue and other more likely candidates some how fall through the cracks.
TJ.brooks
Member
Posts: 1244
Joined: Mon Aug 22, 2011 01:43:46 PM
Province: ON


RE: CRS is trying to collect 2 yrs old debt in small claim.

Postby Ottawa_Chap » Sat Sep 01, 2012 09:21:28 PM

This has certainly become an interesting topic to follow. I say this because as some of you know, I'm currently carrying $100k+ CDN in 6yr old defaulted credit card debt right now. Many of these cards had $10k+ limits, and I'm guessing that I wasn't sued because they only have my P.O. box address and not my actual home address. Could be wrong? But hearing about how others are being sued for lesser amounts, this is why I've formed that conclusion.

O.C.
Infuriating one C/A at a time..
Ottawa_Chap
Member
Posts: 680
Joined: Thu Jun 26, 2008 09:03:04 PM
Province: ON


RE: CRS is trying to collect 2 yrs old debt in small claim.

Postby TJ.brooks » Sat Sep 01, 2012 05:05:49 AM

how old is the debt...and what did you file as a defense?
Please be specific.
TJ.brooks
Member
Posts: 1244
Joined: Mon Aug 22, 2011 01:43:46 PM
Province: ON


RE: CRS is trying to collect 2 yrs old debt in small claim.

Postby bjking8 » Fri Aug 31, 2012 10:02:05 PM

CRS also sued me in small claim court for a old credit card debt. I filed a defense andl go to pre-trail hearing in Sept. Should me hire a lawyer so me get good chance? I don't speak good English.

Can someone referl a good lawyer?
bjking8
Member
Posts: 5
Joined: Tue Apr 26, 2011 10:44:21 AM
Province: ON


RE: CRS is trying to collect 2 yrs old debt in small claim.

Postby needhelpfast » Thu Jun 14, 2012 07:51:12 PM

The Plaintiff's claim is sent from the CRS, not any law firm. The word "draft" is not on the claim.

It is Form 7A and has a hand written claim number starting SC-12-xxxx-00. There is a blurry stamp "Ontario Superior Court of Justice" on the left corner. There is no clerk signature on the stamp but on the last page.

Anyhow I will go file a defense and see what happen.

needhelpfast
Member
Posts: 12
Joined: Wed Jun 13, 2012 08:38:53 AM
Province: ON


RE: CRS is trying to collect 2 yrs old debt in small claim.

Postby DanielBl » Thu Jun 14, 2012 06:37:14 PM

I wasn't referring, in particular, to your use of the term "judgment proof," but instead, to its general widespread use. It's largely true because most institutions and debt buyers won't bother to sue those in bad financial condition, due to the difficulty of collecting. Nevertherless, there are still some who will sue no matter what, Natale Law Offices being a case in point.

There always will be a few creditors who are content to wait indefinitely until one comes into money and then strike when least expected. You get up for work one morning, years later, and your new car is missing from the driveway; you can't sell your house because the buyer's lawyer sees a lien registered against its title; you come to your bank one day to find that it's been cleaned out.

Therefore, using the suffix "proof" can lead to a false sense of security.
DanielBl
Member
Posts: 647
Joined: Sun Aug 08, 2010 06:13:58 PM
Province: ON


,

Return to Collection Agencies - Discussion Area