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SolveStudentDebt
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Joined: 05/November/2003
Location: Canada
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Topic: getting sued by Attorney General Posted: 29/November/2017 at 3:41am |
If you are looking for professional assistance from CFW Group Inc concerning student loan problems or crisis, please visit:
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Solve Student Debt specializes in solutions for students and graduates in student loan default, and those at risk of defaulting. solvestudentdebt.com
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DEBTOFDESPAIR
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Joined: 28/November/2017
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Posted: 28/November/2017 at 11:11am |
Same thing just happened to me. Waiting on Freedom/Johnny's reply as well... Not sure what the first step is.
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Sasha s
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Joined: 04/November/2017
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Posted: 04/November/2017 at 5:04pm |
Hello,
I recently received a letter telling me to contact federal student loans office or they will serve me with legal papers or garnish my accounts. I just want to know what happened with your situation. Did you settle? Did you get a warning letter before you were served? also, did they serve you at home, in person?
Any advice would be greatly appreciated!
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trzaman
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Joined: 29/August/2017
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Posted: 29/August/2017 at 6:36am |
Hey Freedom,
I just got served papers from Superior Court Justice for my remaining student loans even though I just paid a large amount of over $4000 a couple of months ago.
I just had a couple of questions and i'm hoping you can help:
1. Did you contact the lawyer that served you these papers? If so, what did you call to inquire about? 2. Can I call CRA directly to arrange payment with them, overstepping the lawyer that served me? 3. Did you have to submit a defense and an Affidavit of Service?
Thanks I would really appreciate your guidance as your situation sounds very similar to my own.
Take care and hope to hear from you soon.
Thanks, T
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SolveStudentDebt
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Location: Canada
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Posted: 28/January/2015 at 5:33am |
Hi Erinm1980, I am in discussions with Justice Canada this afternoon for you. Check in with me tomorrow afternoon.
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Solve Student Debt specializes in solutions for students and graduates in student loan default, and those at risk of defaulting. solvestudentdebt.com
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SolveStudentDebt
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Location: Canada
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Posted: 27/January/2015 at 4:25am |
Hi Zotam. Our new web site is coming out shortly. The old one is still good though.
Erin, if they are suing you then you have to address it. Otherwise it will escalate out of control. I can help you in many ways but I need to know your circumstances in greater length here to determine strategy and plan it's action to make this a productive solution for you. There are fees for justice intervention and mediation work I do. You would fall in this category given the nature of your problem. If you want a consultation and quote I'd be happy to talk with you and open a file. If interested you can go to www.cfwgroup.ca and fill in a request for consultation by phone using the "contact us" page. Or, call us here at 902-861-1210. Leave your contact info in the voice mail message.
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Solve Student Debt specializes in solutions for students and graduates in student loan default, and those at risk of defaulting. solvestudentdebt.com
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erinm1980
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Posted: 26/January/2015 at 3:22pm |
Hi Johnny. I really need your help! I got a letter delivered to me at work today saying I was being sued. The last page of the document said I have 20 days to make arrangements! I've never paid on my SL and I've been out of school since 2005. What should I do?
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ZOTAM
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Joined: 11/January/2014
Location: United States
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Posted: 11/January/2014 at 4:11am |
Hi Johnny!
You seem to be very knowledgeable I will be sure to check out your website. Could you please provide your opinion on my situation?
I live in the US, for the past 5 years. I was on interest relief because my hubby and I were unemployed. I am an artist and have been living below the Ontario/Manitoba mandated poverty line due to infrequent work. I owe appox $20, 000 to Canada Student loans I took out in 1999. CRA has been calling me as my debt has been transferred from NLSCC to CRA last year 2013. My husband got a job in 2012, that year my interest relief was denied, even though my individual income continued to be below the poverty line. My 2011 tax return indicated to me that there is a garnishee on my any credits/refund that I may be entitled to from both Federal and Provincial tax returns for the last year I lived in Canada 2010.
My question is this: A credit counselor told me the worst thing I could to was be put on any payment plan. She advised me to file banckrupcy, or offer CRA a consumer proposal so I could , and pay an affordable lump sum. But can they sue me if I never return to Canada?
b) If I win an monetary award for my work from the Canada Council for the Arts - can they seize this money from my bank account? The award is for 5000.
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SolveStudentDebt
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Posted: 26/April/2013 at 1:07pm |
You should check the court where the claim was filed and ask what the latest action or event was. Chances are they just left it there to dry out. CIBC's third-party legal agentd are known for that nonsense here in the East Coast. When was the last time you made a payment or issued a signed letter or document to them prior to the action being taken? Who is the attorney representing CIBC or the collection agency that recommended the action be taken? If the debt is statute barred and you filed your defense improperly then that may likely reset the clock on limitations. Filing a defense is easy to do and if you suspect there is a limitation issue in place then filing a defense in that manner may cause problems in the sense of making the argument. KRMC is a law firm they use in Toronto who profess themselves to be creditor's rights lawyers who are vicious towardd student loan borrowers and anyone CIBC puts on their hi tlist. I have seen them do some pretty shady things over the years. If you have a debt owed tot he Crown, namely student loans, they will take any income tax rebate you are entitled to IF the loan is in default, and CRA assigned to collect it. Same goes for provincial guaranteed or direct loans. They have a federal set-off gateway that alows them to wet their beaks with your rebate money.
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Solve Student Debt specializes in solutions for students and graduates in student loan default, and those at risk of defaulting. solvestudentdebt.com
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champwithin
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Joined: 24/April/2013
Location: Ont. Canada
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Posted: 24/April/2013 at 5:17pm |
John....
The lawyer that the c-i-b-c sent my student loan to filed a suit to sue me. I went to a legal clinic to find out how to file a defense. They told me to admitt to owing the principal, but deny owing the interest . so this is how I wrote up my defense, got it noterized and sent it in.
2 weeks later The lawyer called me ...screaming through the phone...I guess he didn't like me defending myself...anyway, its been 3yrs ago now since i filed my defense and nothing further has come. So i don't know if it still could come up for trial, or what
The loans are from 1998, I read on here that you said if you admit to owing anything then they can still take action against you. So i would assume they still can since thats what i said in my defense.
C-R-A does take all my income tax returns,g-s-t,/h-s-t credits etc....they were not garnishing my wages at least up intill i was laid off a year and hald ago. while I was on E-I they didn't take anything off that ...but i m wondering if maybe when i do get workng again if they might.
is there any advice you can give me ?
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SolveStudentDebt
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Posted: 30/April/2012 at 11:31am |
It represents a portion of their costs which is passed on to the defendant.
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Solve Student Debt specializes in solutions for students and graduates in student loan default, and those at risk of defaulting. solvestudentdebt.com
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Nora
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Posted: 30/April/2012 at 11:14am |
Hello, I received a letter saying my wages are going to be garnished, I need to respond within days. They also added a fee of $850.00 called " bill of costs"
It inlcudes, Pleadings, drafting, issuing.... $500 Under it says The limit of recovery in all cases when the matter is uncontested is 50% of this amount.
What does that mean?
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SolveStudentDebt
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Posted: 11/March/2012 at 8:44am |
I connect with justice Canada and CLAS almost daily. Perhaps you and I can put something together for the community who this situation applies to. ` That way when the system doesn't work for people like it did for you, there is an outpost fro them to resort to.
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Solve Student Debt specializes in solutions for students and graduates in student loan default, and those at risk of defaulting. solvestudentdebt.com
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SolveStudentDebt
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Posted: 11/March/2012 at 8:41am |
Perhaps you can provice the name of the law firm, paralegal at that firm, and volunteer that information so everyone can benefit from it. THis way everyone gets treated equally, like the CSLP laws require.
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Solve Student Debt specializes in solutions for students and graduates in student loan default, and those at risk of defaulting. solvestudentdebt.com
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FreedomFighter
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Posted: 10/March/2012 at 4:02pm |
Nope, I owe more than that. And they had a "minimum payment" but I was able to negotiate it lower during the meeting. They still did not ask for any financial info.
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SolveStudentDebt
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Posted: 07/March/2012 at 2:58am |
Hey Freedom - That's awesome.
The reason no financial or payroll informnation was required is because you agreed to their minimum payment requirements. As long as borrowers agree to ther terms then they do not require any further paperwork and accept the arrangement. However, other cases are bnot as cut and dry as yours unfortunately.
The way CRA Legal services determines minimum payment is all bqased on the size of your debt. They require student loans to be paid out within 5-7 years in some cases. In cases whereas loans are quite large they agree to longer-term amortizations of up to 10 years.
Going to court is a good experience for some poeple. For others though it is not. Each case is different. I would guess you owed less than $12,000.00 and the set a repayment term of 5-6 years.
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Solve Student Debt specializes in solutions for students and graduates in student loan default, and those at risk of defaulting. solvestudentdebt.com
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FreedomFighter
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Posted: 06/March/2012 at 6:55pm |
Hell yeah, you can pass it around to anyone it might help!!!
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FreedomFighter
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Posted: 06/March/2012 at 6:49pm |
Johnny wrote:
You call up CRA Legal Services or Justice Canada Collections & Litigation Services and ask them to accept your payment arrangements. They may ask you to fill out and return a signed financial declaration to determine what you shoudl pay based ont heir standards. Be honest with them and they will help you if you really can't pay what the requirements are. If you lie to them and they catch you then they will call you out and do things you won't want them to do.
If you want to kniow what your payment requirements will be, please desc ribe what your yearly income is, and what the amount is that you areing sued for, the province and city you reside in, marital status, and number of dependants. I will tell you. If you are experienceing hardship, describe it for me and I will make an assessment for you and tell you how to approach it. |
CRA didn't ask anything about my finances or filling out financial forms. I just had a straight across "this is the minimum payment we want" and that was it. No financial discussions before or after.
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FreedomFighter
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Posted: 06/March/2012 at 6:46pm |
calgary wrote:
Hi Freedom Fighter - I am in the same situation and feel like I have no options.
It sounds like you found some solutions and I would appreciate any suggestions you could offer. I'm not really finding many answers on here & I don't know where else to look. I feel sick about this & would sincerely be so thankful for any tips you could offer. If you'd like, I can also give you my email ..
Thank you!!!!! |
I hear you, there are many others like us out there stressed out and feeling like there are no options. My financial situation is so screwed up right now, I have no hope of straightening it out anytime soon. I've really just learned to live with the crap credit rating I have and adapt. It sucks, but I'm also in a way better mental state since I got sued!! Hope that gives some of you hope!! :) For now, I'm not going to let those f*cking student loans define me. I feel ok about it because I'm paying off what I can. And if some asswipe from ARC wants to make my life hell or ruin my day with verbal abuse, well, they can try. But it isn't going to work. 13yrs of abuse from them has certainly given me thick skin!! If you want to share more of your situation with me, feel free. Or any questions... let me know.
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FreedomFighter
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Posted: 06/March/2012 at 6:38pm |
morena53 wrote:
I just got sued too.. what options do we have now? I'm thinking of hiring a lawyer? |
If you can afford it, GO FOR IT!!! I almost did the same and would do it in the future in a heartbeat if I had to. The peace of mind you get turning it over to a professional is worth it!
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