Settling with Collectors

In some jurisdictions (BC, for one) no surety is required. In fact, it doesn't even take a judge to sign the order. An ex-parte Application for a bank account Garnishment Prior to Judgment requires nothing more than a prima facia case (usually the originating documents are sufficient) and an affidavit in support thereof, that includes a statement on the part of the creditor that there is reason to suspect the funds will be moved. The Court Registrar can grant the Application. If he or she is not sure, the matter will go before a judge who will usually grant it unless there is reason to suspect that the creditor is using it as  harrassment or as a punitive measure.

The Application is often made and granted on the same day that service of the Notice of Claim is effected. Usually the process server swears the Affdavit of Service within moments of service and faxes it to the agent in the registry office who then slaps the Application and Affidavit in front of the Registrar. When it's granted it is raced down to the debtor's bank and served on the manager. Funds can be scooped while the debtor is still trying to figure out what the Claim is all about. Service of the debtor's copy of the Garnishment Order isn't usually seen to be so urgent.

BTW, it is not really all that rare. It is done routinely.

 Mark Silverthorn has represented a number of collection agencies during the past few years. Collectcorp - then to CBCL. Now, he is off to another collection agency. He hops around from agency to agency more than actual collectors do it seems.

 If you are a victim of identity theft, then all you have to do is contact the ombudsman's office of the alleged lender - call for action to get this straightened out. You have said that you did not accrue this debt, and have been a victim of identity theft. Write a letter, fax it, then email it to the CIBC's office of the Ombudsman to the attention of Mr. Joseph Timar.

THis office MUST investigate this if you are claiming to be a victim of identity theft - and an account was created in your name by someone else. It is a security issue that ALL banks take seriously and are required to investigate. There is your solution.

Johnny

Concerned,

 If you are a victim of identity theft, the RCMP is reuqired to investigate it - and do something about it - espcially if you can prove it.

 any fruadulent acquisition of credit by a perpetrator who has stolen another's identity is something the bank is required to investigate once it has been brought to their attention.

If a lawyer told you that you do not have enough money to fight visa - and you have proof that you did not sign any agreement, that speaks a thousand words about a professional at law that obviously doesn't know law.

All you have to do is substantiate that you do not owe it. Your signature is your signature. If it is not on any loan or credit agreement - you are in the clear. That is the bottom line. 

You would be going bankrupt on debt that you do not owe?

 Johnny

Best of luck. I hope it works out.

Johnny