IT COULD HAPPEN TO YOU--Advice?

Most process servers don't warn you when they're dropping in.

It COULD be another tactic. And it won't be a wage garnishment. It would have to be a claim. They could conceivably serve you with a request that you sign a consent judgment and a guarantee that they won't execute it as long as you maintain a payment arrangement. DON'T CONSENT!

If it's a claim (a lawsuit), take it and go to court. Whatever payment arrangement is imposed by the court will be based upon your ability to pay (and insist on a payment hearing, don't just let them execute on a judgment). It is likely to be far more reasonable than the one they come up with on their own. Either way there will be a judgment; this way the payment arrangement is not their decision, but will come from a judge.

Truth be told, though, I suspect that no one is about to serve you with a damn thing. I believe that they're softening you up to accept a payment arrangement.

I'd call them and ask where you can go to pick up whatever documents they claim they want to serve you with. If they say that's impossible, you know they're jerking you around; every process server would like you to do his job for him.

If it turns out to be a crock, learn from this. CA's are ruthless sleazebags devoid of intelligence or any right to associate with the human race. They shouldn't be permitted to share the air we breath with their betters. And their betters are anyone with human DNA.

They CAN'T get a garnishment without a judgment. So if they don't have one, that HAS to be the first step!

Be tough and recognise that everything they do is intended to demean and belittle you. Don't let those lowlives assume the moral high ground. They are bottom feeding parasites.

I've said it before, but believe me, it's true...THERE IS NO MORAL COMPONENT TO THIS DEBT. You are not a bad, lazy or irresponsible person. Being unable to meet the terms of a business obligation is a business problem. You may have to restructure your debts or repayment schedule; that's done every day in business. It's money. It's a loan. Loans that can't be repiad as planned are rethought or defaulted on every day. Corporations find themselves unable to meet their obligations and the debts are retired, restructured or just tossed; the principals of the companies lose no sleep over it and their families don't go without in order to meet obligations that have moved out of reach.

You do your best. You behave with honour and integrity. The CA's can get bent. They have neither the morality nor the intelligence to judge humans.

Let us know, okay?

Well, well,well...

The process server served me tonight.  Plaintiff's claim.  Government of Canada wants their money.  Plaintiff's claim outlines the reasons for the claim (some of which are bogus--like refusal to pay--bull !! I want to pay and have stated so just not in the time frame acceptable to them).

So, my next step is to file a defence claim.  Maybe it will go to court and maybe it won't.  All depends if HRDC accepts my claim.  Am in a better positon now to make better payments as the husband just got a job.  Yeehoo!!!

I'll keep those updated whoever is interested in knowing what the process is all about.

Wish me luck!

definately keep us posted on how things go.  your first hand account of how things happen in the legal end could definately benefit others.  that sucks about having to go through all the hoopla though.

i wonder how they define refusal to pay...if i am unemployed and have no income, is it considered a refusal to pay despite having no income to give them ?

John, I don't know about the rest of the provinces, but in B.C either the creditor, the debtor or the judge can request a repayment hearing as well.

 Yes, Ferren, you are right, but I think this would be more conducive to cases of those who owe traditional consumer debt rather than the Crown. In small Claims cases, for instance, the adjudicator will ask the defendant (if present) if they are willing to pay the debt, and if the answer is yes, then the adjudicate pretty much asks the plaintiff why the heck they are in front of the bench - and to go out in the back room somewhere and hash out a repayment arrangmement.     

In cases of Crown debt litigation, you see less of these ativities though. Islander is right also as the judge has the final say in the matter. The only thing is that the Crown is VERY influential, if you know what I am saying here. If the debtor is dissatisfied with the decision, then the right to appeal is there.

 Islander, look at cases wheras CRA (Canada Customs and Revenue) sue and individual and attach a 40-50% wage assignment. There are no "repayment or settlement conferences" behind closed doors from the bench what so ever. Also, look at cases wheras HRDC imposes the same for EI overpayment claims.

I think part of the confusion is this:

There are a number of opportunities to settle or work out an arrangement provided by various jurisdictions. Those opportunities are provided in different ways, at different points in the litigation process. Johnny's absolutely right about the process as far as the pre-judgment settlement conferences or discoveries are concerned. In some jurisdictions the Court allows or even insists on a process of quasi-judicial arbitration before a case goes before the bench. In those cases, the Crown WILL NOT settle and rarely accepts an arrangement and NEVER one outside of the guidelines.

Once a judgment has been obtained, however, it's a different story. In most jurisdictions, any party to the litigation can request a hearing at which the judgment debtor's financial situation is examined under oath and rules of evidence. Based on the evidence, the judge will then impose a payment schedule and have it registered as a Court Order.

Failure to comply is contempt of Court. However, the judgment creditor must apply to the Court for remedies in the event of a default. Sometimes, if the judgment creditor is persuasive, the Court will grant an Execution (on chattels and funds, not your life) Order on an ex parte  application. It's best therefore, if you're going to default on a Court Order, to get your application for a new hearing in before the creditor does.

You definitely want to get into that hearing. If you don't, the CA could issue garnishments on bank accounts, wages, (if you're a contract employee, that could be 100% of the contract) or executions against chattels, Siezure and Sale Orders...anything they can think of.

Having said all that, the post-judgment payment hearing might just be the last opportunity to get a fair and manageable repayment schedule. It's a hell of a way to do it; it costs you legal costs, it wastes the Court's time with something that should have been done around a conference table with respect and dignity on both sides and it puts a judgment on your record. None of this would be necessary if the creditor was reasonable and non-confrontational in the first place. One would think that the Courts would eventually get fed up with adjudicating these matters for the same creditor and hearing the same story from the Defendants day after day.

In any case, the payment schedule will be one that can be handled. Just make sure that when you present your evidence of financial condition to the Court, you include EVERYTHING. Before the hearing, give any savings or bonds or investments (except RRSPs) to a family member or someone you trust. Then fill out the financial statement. Include reasonable entertainment (sports facilities, one movie a month, cable TV), cigarette allowance, special needs, medicine, etc. If, after that, your budget simply does not have room for ANY payment, the judge might trim some of the fat, order a token payment and order you back in six months for a reassessment. But if you genuinely can't pay, unlike a CA, he won't demand that you do. Remember, though, you'll be exposing all this in public and under oath. It's no fun, but it clears up the ambiguity that exists with a CA.

And the CA HAS to leave you alone while you are in compliance with the Court Order.

Go get'em Tiger!

Keep us posted...we're here to help if we can.

You make my heart go pitterpat  !

They'll wish they hadn't rattled your cage!