When you or your corporation, has a debt collection problem, we can help. Any amount of money not paid by the debtor to their creditor is called debt. In fact, it is the legal responsibility of the debtor to pay back the amount owed to their creditors. Debt not paid can have serious implications for the debtor’s business and assets.
Debt collection happens when a creditor contracts a third party, such as a lawyer or agency to help recover the amount of debt owed . In case of non-payment of debt, a creditor can sue the debtor and take them to court. Any lawyer collecting a debt for a client has to follow certain standards and disclosure rules as set out in the Professional conduct rules and the general rules of civil procedure. There are various sub-categories of debt collection such as commercial collections, personal loans, guarantees, and breach of contract or institutional loan default.
Federal and Provincial Governments have different debt collection laws and regulations. In Ontario, it is mandatory for any collection agency to abide by the Collection and Debt Settlement Services Act and register with the Government of Ontario. Canadian collection laws and statutes of limitation are also different across provinces. In some instances, the creditor cannot sue the debtor legally. The period after which, the creditor cannot sue a debtor or take them to court is defined in the Statutes of Limitation for Ontario at two years from the date the debt became due and payable, except in the case of mortgages where the limitation period is ten years.