Q.Can a collector advise me he is sending the sheriff to my home next week to seize my personal belongings?

A.In virtually every Canadian province and territory it is illegal for a collector to advise you the sheriff will be attending at your residence tomorrow or next week to seize your personal belongings if you do not pay a debt. The sheriff is an officer of the court and the sheriff does not take instructions from a collection agency.

In most provinces it is illegal for a collector or a collection agency to make false statements.

In the case of unsecured debt a creditor seeking the assistance of the courts to recover monies from a debtor must first obtain a judgment against a debtor. A creditor seeking a judgment against a debtor must first commence a lawsuit against the debtor. A creditor will be in a position to obtain a default judgment against a debtor where the debtor fails to file a proper defence in a timely fashion.

Where a debtor properly files a defence the matter may proceed to trial where the burden of proof is on the creditor to prove its case at trial. In event a creditor obtains a judgment against a debtor, either by way of default judgment or after being successful at trial, certain enforcement remedies become available to the creditor. The type of enforcement remedies available to judgment creditors vary by province. The fact that a creditor obtains a judgment against a debtor is no guarantee that a creditor is going to recover any monies from a debtor.

If you want to learn more about your potential financial exposure to creditors you may want to speak to Mark Silverthornor buy a copy of his e-book titled A How-to Guide for Dealing with Collection Agencies in Canada .