Hello everyone! Wow it sure seems like a lot of people are
struggling with loan problems. I am not surprised, however!
Anyways I have a few questions that need to be answered about my student loans...
A bit of background info first: Currently I reside outside the country
in Europe. I am a dual-citizen. My last address in Canada
was in BC at my parents place. I have student loans and credit card
debt. However, I cannot pay my debts because my living expenses
in my new country take all my money and I cannot put forward any more
money to my debts in Canada. I go into repayment of student loans
at the end of this November 2004. I barely make ends meet in my
new home as it is and cannot afford to pay a cent anymore to my
Canadian debts. I feel very bad about this but that is my
financial situation.
Now the questions:
1. if i go into default on my student loans or credit card debt,
can the collection agencies call my family or friends to determine
where I am? Is my family or friends obligated BY LAW to provide
them with my new phone number and address? How many times can they call
my family before it is considered harressment? I do not want to
have my family go through dealing with collections all the time!!
2. from what i understand about stats. barred, after the six year
period of no payment, acknowledgment of loans etc. my loans are
not dissolved but rather "set aside". Okay, so the feds can take
away future GST rebates, income tax refunds. But can they garnish CPP
or OAS to pay for loans (or any other govt program) if I was to move
back to Canada at some later point in time?
3. i was reading on the BC Attorney Gen. website that the province can
take you to court for defaulted loans. If collections takes legal
action against me to collect my debts, how can they collect if I am not
living in the country? From what I understand a Warrent for
Arrest can be issued if I fail to show for a court summons: is that a
criminal matter now and am I a fugitive with a criminal record?? If I
come back to Canada to visit, will I be arrested at the border for a
no-show and am I able to travel freely in and out of the country as the
Charter of Rights says?? Is my arrrest warrant on INTERPOL, CSIS, FBI,
RCMP, etc.? There is a 12 month limitation period for the arrest
warrant: after that period can the court issue another warrant for me
and so on and so on??
4. Lets say after several years I move back to Canada. I make make
money and have an income tax refund coming to me but I am in stats
barred status: if the feds put my tax refund towards the default loan
is that considered acknowledgment of payment and a new cycle of 6 year
statute of limitations takes affect with collections harressing
me once again?
5. is it best to claim bankruptcy first then not pay a penny for anything?
6. are there any international treaties whereby a collections agency or
fed/prov dept can contact my new home country demanding repayment or
extradition in the case of an arrest warrant? Can my Canadian
bank demand money from my European bank? Can I have my wages
garnished in Europe for debts that arose in Canada?
I really need some info on these questions. Please post a
response for me as soon as possible. Thank you all for the great
insite I have gained thus far! I know some of these questions may
sound ridiculous but debt and warrants for arrest etc. are a very
serious matter and I do not want to jeopordize myself.
Sincerely,
Dually - living across the big pond.