Collection Agencies - If someone is threating to do a garishment can they - Canada

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RE: Help Wanted: For the Jail House Blues

Postby Raymond » Sun Nov 02, 2008 09:02:33 AM

Actually, there were 2 web pages. After emptying wallets, he's trying to empty hearts. That's why I suggested female collection agents for him - they have no hearts.

Personally speaking, I think most of them should be in jail. 100 years ago we had debtors' prison; the time has come for collectors' prison.

Ray

PS: I see the moderator's name on their blog is "Sewergrrl." I don't think I want to know any more. I'm guessing it's an ex-lady collector. Maybe, "Broomgirl" was already taken.

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RE: Help Wanted: For the Jail House Blues

Postby ranzzzz » Sun Nov 02, 2008 08:47:22 AM

"I owned my own collection agency before my arrest and plan to agin, soon after my release. I'm originally from CA." I guess this guy has no shame and is still planning to do what he did before. Ray you're right, once a collection agency, always a collection agency.
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RE: Help Wanted: For the Jail House Blues

Postby franniee2003 » Sun Nov 02, 2008 08:34:53 AM

Ray interesting web page you posted for us to see this is a new view to say the least only thing missing is having Donald Trump in the ad
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Help Wanted: For the Jail House Blues

Postby Raymond » Sun Nov 02, 2008 09:55:52 PM

Us Canadians get tired of collection agencies sending out phoney pizza orders and boring autodiallers. To break the monotony, we like to see a little creativity, and certainly the collectors south of the border don't disappoint. They shame their Canadian counterparts in that department.

Bud Hibbs' "Collection Agency of the Week" pioneers innovative ways of working with the community to "help" their clients. This week, Bud's site honours the collection agency of Lindquist and Trudeau, featuring collection agent emeritus, Jason Trowbridge.

I'm sure Jason will have a bright future in another 5 years where his talents could be employed on a Somali pirate ship, or working as a pirate at one of our agencies up here.

In the meantime, if there are any lady collection agents out there whose pseudo-hearts are feeling a little empty at the moment, Budd includes the following ad. (Budd is always thinking of others.)

http://www.budhibbs.com/

http://www.google.com/imgres?imgurl=http://www.lostvault.com/penpals/images/jason_at_tennis_court_may_1_2007.jpg&imgrefurl=http://www.lostvault.com/penpals/detail.asp%3FiType%3D17%26iAd%3D10155&h=800&w=602&sz=99&tbnid=dkmnksWwRlsJ::&tbnh=143&tbnw=108&prev=/images%3Fq%3Djason%2Btrowbridge%2Bimages&usg=__yXItIagS4BN1ekHhQKA38bicvI4=&sa=X&oi=image_result&resnum=1&ct=image&cd=1

Ray
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RE: If someone is threating to do a garishment can they

Postby Raymond » Sun Nov 02, 2008 07:24:34 AM

If you write a letter of complaint to Consumer Proetction, it will certainly end up in the trash in Ontario under Brian Pitkin. I don't know how Manitoba is. Being a government office, they're probably similar.

Writing a careful letter of complaint to a provincial law society is a completely dfifferent storey. Remember, all letters you receive that have a lawyer's name on their letterhead need to be referred to the Law Society because a lawyer is responsible for what gets sent out under his name.

Also, under PIPEDA, Commercial Credit Adjusters are required to send you a copy of everything they have on your file, including tapes and account statements received from St. John's Music Store, within 30 days.

If those threatening letters seek amounts that are in excess of what those account statements show or are missing altogether, you could file a Statement of Claim in Manitoba Court or with Manitoba Consumer Protection for the 300% difference. Also, you could file for aggravated and (perhaps even) punitive damages for the the illegal letters and threats they sent to you through your boss. See page 133 and 134 of Silverthorn's book for a gloss on the 4 categories of court awards: special (compensatory), general, aggravated and punitive.

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RE: If someone is threating to do a garishment can they

Postby franniee2003 » Sat Nov 01, 2008 09:41:06 PM

Yes I did write and complain however I bet my letter ends in the trash I went to the Kenora Court house a few weeks back and no one could find a record of a Jdugement againest me However the people who work there are not the smartest cards in the deck so if it is there they wouldnt be able to find it so maybe I better high tail it back there. I did print off the sections you gave me and maybe I should rewite a letter and send in a copy of the rules he broke maybe
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RE: If someone is threating to do a garishment can they

Postby Raymond » Sat Nov 01, 2008 01:57:59 PM

I don't know if you have to check it every day; once a week would be sufficient.

Given what's happened, I trust it was the Law Society of Manitoba, you complained to and not the Law Society of Upper Canada.

It appears Harrison et al may have broken several professional conduct rules.

http://www.lawsociety.mb.ca/code_and_rules/pd_84_02.htm

http://www.lawsociety.mb.ca/code_and_rules/chapter1.htm (i.e., 3(b).

Even though the guy is active in the courts, many collection lawyers send out bogus threats as well to work the numbers that way. And, probably, few of them are above trying to sneek through default judgments.

But, given the circumstances of the case you described, I still say it's 100:1.

Besides, most people have relatively little to fear in getting slapped with a small claims court action compared to the consequences of having a default judgment snuck in. Once a defendant files a statement of defence, it becomes quite a different ball game. Even if mediation fails and you lose the case, payments get tailored to the defendant's circumstances. Court clerks tell me many in financial straits get off with 10 or 20 bucks a month and no accumulating interest. No wonder collection agencies prefer to bamboozle the money upfront and outside of court if they can get away with it. Besides, these guys are well aware of the 300% Manitoba penalty for excessive or false claims.

You should also be aware, under Ontario Law, there's nothing stopping the collection agency from hiring one of their paralegal associates in Kenora (for say, 150 or 200 bucks) and filing in Ontario Small Claims Court in Kenora and thus trying to sneek through a default judgment that way.

Though possible, I still think it's quite improbable. Having said that, if they know you are aware of Manitoba Law, they might surmize you wouldn't suspect a trojan attack coming from your own back yard. Ontario doesn't have an online action registry search similar to Manitoba's one as far as I know. That's why I sent you the Kenora court house link a couple of weeks ago.

Ray
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RE: If someone is threating to do a garishment can they

Postby franniee2003 » Sat Nov 01, 2008 12:19:45 PM

With the web site about the courts of Manitoba I typed in my frist name and last name and it says no claims so I have no idea where the paper work is this lawyer told me they are doing and also they cant garish unless I am served and I have not been served at all
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RE: If someone is threating to do a garishment can they

Postby franniee2003 » Sat Nov 01, 2008 11:23:37 AM

I have the web site booked marked that you listed and check it every day and also once a week I call the small claims court in Winnipeg I have a nice lady I have spoken to my question is if I am being Sued then where is this paper work that I am suppose to get I have seen nothing yet was told by the lawyer that I am being hit with garishment action some one must have a paper trail of this action
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RE: If someone is threating to do a garishment can they

Postby nameuser » Sat Nov 01, 2008 09:15:49 AM

Hmmm JOHN G. HARRISON name searched at the manitoba court registry site shows that they're suing alot in the last few months. I'd still suggest you watch for development here under the name search option, you can also search lawyer name, firm name, and plaintiff/defendant. It's really an interesting system they have listing everything.

http://www.jus.gov.mb.ca/
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