Q.  I was fascinated to watch Brian Pitkin try and explain to Marketplace host Erica Johnson (”Debt Collector Dread”, March 4, 2011) why Global Credit and Natale Law Offices were sending out draft statement of claims to Ontario residents for more than two years after Pitkin wrote a letter warning collection agencies not to engage in this practice.  Why do you think Pitkin did not stop Global and Natale earlier? 

Joan in Sault Ste. Marie

A.  That is one of the questions I intend to answer in my new book, tentatively titled Draft Statement of Claim Gate:  That Scandal That Rocked The Canadian Collection Industry.   You can watch Brian Pitkin being interrogated by Erica Johnson, the host of Marketplace, in this 82-second clip from the episode titled “Debt Collector Dread”, which aired on March 4, 2011, at http://www.youtube.com/watch?v=Fjp4X1bfGkg 

Q.    Today I received a letter from a collection lawyer by the name of Joel Miskin informing me that his client, a credit card company, had obtained a Judgment against me and that I owed $3,300 and that interest was being added to this amount at the rate of 30% per year and that I should contact a collector at MJR to negotiate a settlement.  What should I do?

A.    If (1) you are not represented by a lawyer or an agent, and (2) you have received any letters from collection lawyer Joel Miskin, prior to November 15, 2010, demanding payment of monies from you, I would invite you to (i) call my office toll free at 1 (866) 996-9941 for a free initial 10-minute telephone consultation, and I would invite you (ii) to fax to my office copies of any letters you have received from Mr. Miskin,  especially ones demanding payment from you which are more than three pages in length.

Question:

I see that you have been posting on your website copies of draft statement of claims sent by collection lawyers on behalf of collection agencies.  If I send you a draft statement of claim, is it possible that you will post in on your website?

Curious

Consumer in Kenora, Ontario

Answer:

Starting in late October of 2010 my office began posting copies of draft statement of claims sent by collection lawyers on behalf of one or more collection agencies.  If you have received a draft statement of claim from a collection lawyer I would inivte you to forward the original draft statemetn of claim to my Kitchener office at the address listed below:

Mark Anthony Silverthorn Law Offices, Professional Corportation, 30 Duke Street West, 10th Floor, Suite 1001, Kitchener, ON N2H 3W5. Tel. (866) 996-9941, Fax: (866) 996-9942.