Collection Agencies - Collection Agency Garnishment of Wages? - Canada

a good place to talk about links

RE: Collection Agency Garnishment of Wages?

Postby DebtFighter » Thu Mar 27, 2014 08:31:26 PM

Make sure you tell them to stop calling you at work as it is a place for business, and send them a registered letter with signature to communicate in writing only. That will stop the phone calls.

Usually before they decide to sue, they make a call to your employer to confirm your employment details. I do not see this as a verification of employment. It sounds like they found where you worked and want to harass you at work.

According to Mark Silverthorn, a collector cannot state that they will garnish your wages UNTIL they have the judgement. If they don't, that becomes misleading and false information. Make sure you write the time, date, details, and if your company records all calls, see if you can get a copy.

So how much debt are we talking about here?
Fighting debt collection: Knowledge is POWER! Disclaimer: I do not provide legal advice. I am affiliated with former debt collectors and only provide help to consumers who need assistance with debt collections. If you require legal advice, I recommend consulting a lawyer. I do not condone not paying debts on purpose and using strategies I provide to elude payment and responsibility.
DebtFighter
Member
Posts: 23
Joined: Thu Mar 27, 2014 05:44:17 PM
Province: ON


RE: Collection Agency Garnishment of Wages?

Postby ttbeg1234 » Sat Mar 15, 2014 06:47:56 PM

Pay the creditor not the collection agency. General Credit Collections has shown they are not honest and can be trusted, I believe they get money for collecting the debt on the creditors behalf so I would make sure that I didn't pay them directly.

I have had dealings with this company and even reported them to the Ministry and they lied to them and got off on the complaint believe me they can't be trusted. I don't owe the debt and am not paying and they have been sued by the person who hired them and NO they can't prove the debt because the statement of claim is false. Good luck I hope that you are able to get from under these people.

If you don't think you can pay it off all at once can I suggest that you try a debt payment program they often can get the interest dropped and you pay them directly so you don't have to deal with creditors or debt collection agencies.
ttbeg1234
Member
Posts: 10
Joined: Wed Jul 13, 2011 10:59:40 PM
Province: ON


RE: Collection Agency Garnishment of Wages?

Postby PhillipBain » Wed Mar 27, 2013 09:33:09 PM

If you intend and can afford to pay the debt then work out a payment plan and have it on paper signed and agreed from them sent to you before you pay.

Don't be flustered by the agents. They are just people that couldn't get a job anywhere else.
PhillipBain
Member
Posts: 23
Joined: Fri Sep 14, 2012 11:28:43 PM
Province: BC


RE: Collection Agency Garnishment of Wages?

Postby mxmcknight » Wed Mar 27, 2013 06:33:56 PM

I certainly have every intention of paying the debt. It was impossible though to have any kind of discussion. Aside from the very, very poor connection, she spoke so quickly and wouldn't allow me to say essentially anything - even that this was a horrid connection and couldn't make out what she was saying. I had made a payment of $300 to the creditor on March 8th (online banking). I certainly would have no problem making an arrangement with them, but couldn't even suggest this to her. She wouldn't let me say anything. She did say from the onset that it had to be paid today or else, although when she did allow me to ask "don't you have to take me to court first", she acknowledged that was true. Wouldn't it have been better to allow me to discuss arrangements. Even if she sues me and then garnishees my wages, she is going to get it at the rate of 30% at the most and also wait until she has judgement, applies to garnish my wages which by that time I would have paid up.
mxmcknight
Member
Posts: 3
Joined: Wed Mar 27, 2013 03:54:50 PM
Province: ON


RE: Collection Agency Garnishment of Wages?

Postby mxmcknight » Wed Mar 27, 2013 06:26:33 PM

The province is Ontario and yes I do owe the money and they can certainly prove it. With that said, there is no judgement nor have I been served. Wouldn't she have to actually need a judgement in order to apply to garnish my wages?

She also implied that she was garnisheeing my wages. Wouldh't a lawyer have to do that. I read somewhere that a collection agency can't threat this unless they have a lawyer on their staff. The website of GCSI states "General CSI is not a law firm, and does not provide "legal advice".
mxmcknight
Member
Posts: 3
Joined: Wed Mar 27, 2013 03:54:50 PM
Province: ON


RE: Collection Agency Garnishment of Wages?

Postby PhillipBain » Wed Mar 27, 2013 05:50:15 PM

They have to get a judgment to garnish and its easy to do but not likely. How old is the debt? When was your last written awknowledgement or payment? How much is it for? What province are you in? Can it be proven that you owe the debt?

Read the book wolf at the door by Silverthorn.
PhillipBain
Member
Posts: 23
Joined: Fri Sep 14, 2012 11:28:43 PM
Province: BC


Collection Agency Garnishment of Wages?

Postby mxmcknight » Wed Mar 27, 2013 04:06:21 PM

I received a phone call from General Credit Services regarding an unsecured loan with Citifinancial. The person told me that she was looking for finance (I work in the Faculty of Education at a University) which has nothing to do with my department. I had not identified myself by name, only answer the phone Faculty of Education. She told me she was looking to confirm employment in order to garnishee wages for me (she didn't say me, but said my name). When I said that I was the person she is allegedly garnisheeing my wages, she told me that I had to pay now the whole amount. She did not identify what Collection Agency she was from (I have called them after calling the creditor to find out who they sent it to). We had a bad connection and I attempted to interject in order to tell her I could not hear her very well and wanted her to call back on another extension. After a frustrating 10 minutes, she finally agreed to call back. I waited for her to call, she then called the original extension and continued to berate me.

My question is a) can a collection agency actually take you to court or does it have to be a lawyer representative of the creditor? I suspect that she intentionally called my extension to scare me into agreeing to pay the full amount. She told me that I had to pay the full amount today. She then claimed she didn't know she was talking to me.. If that is the case, would think that she cannot discuss my financial situation with who she thought was a 3rd party. If she did know she was calling me, she lied to me by coercing me to agree to pay in order to avoid her calling my employer. Please advice.
mxmcknight
Member
Posts: 3
Joined: Wed Mar 27, 2013 03:54:50 PM
Province: ON


,

Return to Collection Agencies - Discussion Area