NorDon "legal" division???

Hello,
I am living in the U.S. but have outstanding Canadian student loans. A Pauline called me at work (from her call back number I realized she's at NorDon).  She says she's in the legal division and the U.S. Marshals are serving me with papers, payroll is garnishing my wages, my accounts are frozen, blah blah blah.  I tried to get her to tell me her address and exactly where she's calling from - she won't tell me; only "the legal division of Royal Bank."  ha ha ha.  If I can't get her address, I can't write to tell her to stop calling me at work (only 2x/week, right?).  The lawyer at work has offered to talk to her.  Would this help?  I know basically everything she has told me is untrue and some of it illegal.

 

 All of it is against policy - and the law really. U.S. Marshalls do not provide document service unless it is a criminal issue. Payroll does not garnish your wage - the plaintiff does with an execution order supported by the bench. Bank account seizure is stretching it as far as "tactical" phrasing is concerned.

 Your employer's lawyer will have to issue a letter of direction third party consent to the agency in order to act on your behalf. Just be careful because if there is an avenue of execution, they will use it - depending on the size of the debt - and your employment (financial) situation. Legal action is the only leverage they have and if they can use it - they will. 

 Johnny

I just found out that she told someone at work who answered my phone that she was from the "Canadian Provincial courts".  He panicked on my behalf...

I might be willing to work something out with them.  I haven't heard anything about these loans in years.  But the tone of the dialogue is so outrageous and absurd - I don't even know how to begin.

Sorry, it's Vijay Kandiah. Google his name for more - Shawn has posted some good info.

Java, you are such a Pollyanna.  Does anything get you down?

It's the bright side, actually.        &nb sp;         &nb sp;         &nb sp;         &nb sp;         &nb sp; "Life's a piece of sh*t, when you look at it,         &nb sp;         &nb sp;         &nb sp;      but always try to laugh and dance and sing..."

Johnny:
I may like to consult with your services if you are available.

I'm not sure what the amount of the loan is - she quoted something like $35,000CDN but this also included "legal fees" that she claims I owe her and "transfer fees" since I am in the U.S.  I am about to leave my current job in mid-October.  I don't think she has any other contact info for me and will not get the new information.  I am not too worried about her contacting my family since my father is a legal administrator (but with the trouble my brother has brought that firm, I don't want him involved unless it's absolutely necessary!)

I wonder if I can work this out directly with Royal Bank?  I would like to settle on it.. but I do already have student loans that I'm paying off religiously.  Thanks for advice!

Johnny or Discussion Group, 

Above in a reply to Phosphocat, Johnny referred to an "avenue of execution" for legal action.  Does anyone have a specific definition for "avenue of execution"?  I would like to know what the criteria are for A) debtors living in Canada, and B) debtors living outside of Canada.

It seems to me an "avenue of execution" in Canada would be some combination of the following information:  debtor'sname, address, social insurance number, bank account information, credit report, employer's information.  Is this correct?

What constitutes an "avenue" for debtors living outside of Canada?

 

 "Avenues of execution" are:

 1. execution order to garnishee (wage attachment)

 2. execution order to seize a bank account (once located)

 3. execution order to seize or lien an asset

 4. execution order to repossess

 Now, for student loans, the only avenues really excercised are wage assignments and  bank account seizures, and registered liens.

 If a person owes a Crown debt and resides in the USA, the risk of litigation is the same - if not more stringent.

 Your quote:

  It seems to me an "avenue of execution" in Canada would be some combination of the following information:  debtor'sname, address, social insurance number, bank account information, credit report, employer's information.  Is this correct?"

 Many of these things are necessary to determine a viable avenue of execution. The act defined as "avenue of execution" means to simply "enforce". To determine an avenue of execution, there must be adequate means to support the execution order ie: sufficient earnings, equity, a located bank account # and branch, and a service address.

 Johnny  

If a person owes a Crown debt and resides in the USA, the risk of litigation is the same - if not more stringent.

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Or more lax if they don’t follow the law which is what occurred in my case.  The paralegals and attorney I talked with at Collections litigation were not even aware they were supposed to follow any laws.  The attorney they retained in the US knew nothing about laws for student loans.  Within a 3 day period they tried to get me to sign a stipulation where if my payment was 3 days late the total amount came due.  I refused so they offered me a forbearance agreement instead. This was in writing. I called collections litigation and they said they should never have sent me the stipulation and what they meant was forbearance.  A forbearance is an interest and payment free period in the U.S.  I have some very bizarre stuff that is very well documented.  But in no instance was there ever anything that looked like a law being followed.  It was all seat of the pants law.