This is what the Law Society of Upper Canada calls upholding the highest level of integrity and professional standards?

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"I also was shafted by Deanna Natale 2 weeks ago. It was unfortunate that I did not find this website before. I was sent a letter from her law office with 2 Form 7A's in it. The letter stated that I owed AFS.US INC. the amount of $3693.39 for a loan from citifinancial. I have no idea who AFS.US.INC are. I never ever got a letter from them. A far as I know the insurance I had on my loan for citi paid it when I lost my job. I called this law office and spoke with Mike Morton and he told me this company bought my debt from citi because insurance only paid a portion of it and now I was being sued for this amount. I explained to him that I was 64 yrs old and have not been able to work due to having a hip replacement and when they fixed my hip they found a tumor in my stomach which I am having chemotherapy at this time. I told him I was seperated and my only income was $1000.00 per month and I have rent to pay and I have to eat. He advised me to ask my family for help paying this so it did not go to court. I am struggling with this chemo and not thinking clearly so I told him I would see what I could who. He gavr me a deadline to call him to let him know when I could sent a payment or see how much I could get to-gether.He kept bugging me for it. I called him back sometime later and said all I could get was $2600.00 . He then puts this person on this deanna and she tells me she would accept the 2600.00 and I will have to make payments on the rest. THen she wants my bank account number so she can take it out on a pre authorized plan. I refused her and she became angry with me. I told her I was taking chemo and I would send her a check when I could. She stated she did not care about my health issues and she needed the money as soon as possible . I did go and send the certified check for 2600.00 and mailed it so it had to be signed for. I called this Mike Morton and told him I had sent it and then he said he wanted the tracking number to track it. I then asked him to send me a letter stating this is what I gave them and the arrangements that I had made with deanna about the rest. I did not receive a letter and called them again. This Mike tells me it was sent Aug 27 this is now sept 10 and still no letter and he will not answer the messages I leave him. I know now what a bunch of crooks they are but as I said I was not myself with taking this chemo and this deanna really took advantage of my situation. I have a friend that was a judge and is now practicing law and I have shown him these drafts and the letter and he promised to look into it. he said those forms from the court are bogis. I know what a stupid mistake I made now after seeing this site and only wish I had seen it earlier. This Mike tells me there is a site on here from the law office stating that this deanna natale is sueing the site that started this about her. If anyone knows of it please send it to me so I can read it. Add me to your list of complaints against her and her phoney law office."

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I think the author who didn't leave his name is referring to Arrow Financial Services when he says AFS:US

Ray

Relax, that's just TCR owner George Krieser being himself. Don't worry, Krieser is on our hospital charitable boards so you'll be OK. If you don't believe me, call call their ombudsman (or George's secretary who sits beside him), Mary Petkopoulos, at 416 774-4101. She'll be a real, real big help.

Not sure about whether, without a special application, the court will allow the case to be heard in at 47 Sheppard Ave. East in Toronto if you lived in Ottawa and so does the creditor or at least all the transactions giving rise to the claim occurred there. You should speak to the court clerks in those 2 jurisdictions or at least to the one in yours.

TCR is a thoroughly deceptive conniving and vicious collection agency. It's no exaggeration (or offense against the Human Rights Code) to say they certainly would have thrived well in Nazi Germany. Collection agencies may not hesitate to sneak a default judgment through on someone if they can by mailing it to the wrong address. Still, they need the permission of the creditor to sue you and they may not get it. Hard to say for $5K.

Anyhow, in the worst case scenario, if they do go to court, they must serve you with a Statement of Claim (Form 7A) and give you 20 days to file a Statement of Defence (Form 9A). Then there's a manatory pretrial settlement conference and a trial if that doesn't work out. All that takes months, and even then, the judge would likely give you easy repayment terms if you explained your circumstances. As well, ask for no interest while not in default. Forget that debtor's prison thing; athough if a person deliberately fails to show up for an Notice of Examination of Assets after defaulting on a judgment, they could face up to 40 days in jail for contempt of court. But don't worry about all that now.

The point is to take action. TCR is full of liars. Try reading the the posts of their one of their ex- managers and others elsewhere in this forum. They may well try to sneak anything through court they can and then deny any court order and inflate the judgment afterwards - if they can get away with it. Also beware of them lying on Affidavit of Service documents. That's why it's best to call Small Claims Court clerks in both the Toronto and Ottawa jurisdictions to check and see if any action has been filed against your name.

If they did manage to file in Toronto, and if you can't make it down by car from Ottawa (400 km.) for the pretrial or trial, or if you don't have a friend who could show up to court for you, in the worst case scenario, it would be worth hiring a local paralegal for around $250 to represent you.

Whatever, the critical thing to do is to file a Statement of Defence within 20 days after a Statement of Claim is served. This usually occurs by regular mail. Because it's not registered mail, a collection agency can lie about sending it and claim that it never came back. Then they get their clerk to sign a false affidavit that it was properly served according to the Small Claims Court Act. Who is the wiser? Collection agencies will say or do anything if money is involved. Like the smell of KFC to a seagull.

Ray

There is no debtor's prison, hasn't been for a good century methinks.

"Arrest warrants are issued by a judge or justice of the peace under section 83.29 of the Criminal Code of Canada. The judge must be satisfied that the person named in the warrant is (a) is evading service of the order, is about to abscond, or did not attend the examination, or did not remain in attendance, as required by the order.

Once the warrant has been issued section 29 of the Code requires that the arresting officer must give notice to the accused of the existence of the warrant, the reason for it, and produce it if requested."

You might want to read this

http://www.attorneygeneral.jus.gov.on.ca/english/courts/guides/AfterJudgmentJan08EN.pdf

Note that bench warrants seem to apply to criminal cases, and if they do go to court, it would be a civil case. Based on what I've been able to find thus far, a bench or arrest warrant isn't issued in civil cases (I could be wrong).

I'm not sure about the juridiction between Toronto and Ottawa though.

About $5K to CitiBank MasterCard. No assets, rent home, work currently at a low paying job. I did the cardinal sin of credit cards, used them for everyday expenses when my job took a downturn.

TCR, from day one have been assholes! Always belicose, they called my cellphone when I was in hospital, and said it seemed convenient that I was sick!

The jist of my question really is the choice of venues. The TCR agent was gleeful saying they will sue me next week in a Toronto Court, get a default judgement, and he said they would demand the judge issue a bench warrant. With my current income, that means jail time, ie; debtor's prison.

how much is the debt for you failed to mention that? I cant see them filing if its less than a 1000$.......it will cost more in court costs that its worth....who is the debt with.......secured or non secured........why would you file bankrupt when you could do the same the bankruptcy trustee is going to do and not cost you a penny....either way if you are at that point yur credit rating is trashed so what do you have to lose.......I understand your income is less but if it unsecured credit then speak to your creditor (not agencies) and they may help you......if you make arrangements with them directly.........you do not have to deal with angencies at all........they are there to make money and thats there bottom line.....you can send them a letter stating not to contact you again in regards to this matter and they have to abide by this......formal notice is what it is called.....dealw ith your creditor directly.........do you have a car or home.....if either you cant file bankrupt you will lose both.........

I live and work in Ottawa.

Rec'd a call from them today at work, always a treat! I am in the process of filing for bankruptcy, that has reached a serious snag, I don't have the money to afford the fees (about $1,800). I in effect lost my sales commissions at my job, so I am now just on a base salary, same salary since 2004. My commissions accounted for 40% of my income, the rate is now half of what it was in 2004. I also took ill earlier this year, and lost time from work, these compounded in messing up my finances. My illness has added a new monthly expense to my dwindling earnings. I did the cardinal sin of credit cards, I used my cards for day to day expenses. NOT GOOD!

TCR to date have done the following;

One instance, they said we'll get a judgment against you and garnishee my pay, and seize my bank account(s) I asked when will I be served, she said we don't need you in court, we can just get a default judgment, and it's done.

They called my work 6 times in 4 minutes, not accepting the fact I had customers in the store.

Called me after my initial contact with the trustee, I informed them I was forced into bankrupty due to medical and salary reductions. Her response was "they don't approve of it, and won't accept my bankruptcy"

Today took the cake, call at work. TCR said as I didn't file, that they would file a Court action (law suit) in Toronto, I would be compelled to appear in Toronto. If I don't appear in Toronto, they WILL get a default judgement, and demand a bench warrant on me. Is this reasonable to make me travel to Toronto for this action? I assumed they would file in Provincial Court in Ottawa? Sure makes a default judgment more likely if they hold the hearing 300 miles away.

Broke Guy