LEGAL HELP: DEBT COLLECTION
HOW ABOUT NOW? (Or... Is it time to enforce payment?)
The "Legal Help" series is brought to you by:
The Professional Corporation of the Law Office of Robert A. Dinnen
4 Government Road East, Kirkland Lake, Ontario P2N 1A2
Telephone (705) 567-7979 - Fax (705) 567-7980
41 Third Street, P.O. Box 907, Englehart, Ontario P0J 1H0
Telephone (705) 544-8878 - Fax (705) 544-8444
Email [email protected]
WHY CAN LAWYERS SUCCEED WHERE OTHERS FAIL?
Preliminary Questions
- Where does the debtor live or work?
- What does he own?
- If the debtor doesn't have an income or asset right now, might he in the future?
Getting On With It
- Don't wait too long before retaining a lawyer, in case a limitation period expires.
- The procedure is simple. Just give us the debtor's name and address, a brief description of the goods or services that were delivered, a copy of the invoice, a current statement and what you know about his income and assets.
- Searches can be performed - and are often recommended - to determine whether there is any other creditor who might be filed ahead of you.
- Ask for a firm quote on legal costs.
Obtaining Judgment
- You will be ready to direct the enforcement of legal collection procedures usually in approximately 6 weeks, assuming the debtor doesn't allege to the court that he doesn't owe the debt.
- If you already suspect that the debtor might take the position in court that he shouldn't have to pay the debt, discuss it with us at the outset. The costs estimate will be different for a defended claim.
Enforcing Payment
- If you already know the debtor's source of income, the income can be attached by issuance of garnishment to the source, requiring payment to the court for you rather than to the debtor.
- If you know where the debtor banks, his money there can be seized by the court for you by issuance of a writ of seizure.
- Even motor vehicles, real estate and other property can be seized and sold for you under the court's supervision.
- Details of his income and assets, as well as his other obligations, can be obtained on an examination of the judgment debtor under oath in court. This procedure can be repeated periodically for as long as your judgment remains outstanding.
Don't get angry. Just get paid. We know how.
The "Legal Help" series is brought to you by:
The Professional Corporation of fake omega watches the Law Office of Robert A. Dinnen
4 Government Road East, Kirkland Lake, Ontario P2N 1A2
Telephone (705) 567-7979 - Fax (705) 567-7980
41 Third Street, P.O. Box 907, Englehart, Ontario P0J 1H0
Telephone (705) 544-8878 - Fax (705) 544-8444
Email [email protected]