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Birch
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Joined: 28/September/2004
Location: Canada
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Topic: whats the worst they can do? Posted: 28/September/2004 at 7:43am |
So, I see that I can have my wages garnished, my income tax return taken, be harrassed and be potentially sued. Sure, but can they jail me? There's no debtor's prison, right? If I get sued and don't show up, could I be jailed for that? Can they take me to court if they can't find me? I've just gone into default, it was sent to Nordon. They want a huge amount, don't have it.
Here are my concerns:
-renting an apartment
-crossing the border
-buying land
-my debt impinging on potential future wife/commonlaw partner
Are any of these a problem?
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polyhymnia61
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Joined: 10/January/2003
Location: Netherlands
Points: 915
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Posted: 28/September/2004 at 9:52am |
Crossing the border, no problemo. I have the worst credit rating on the planet and I got a passport and moved to Europe. They just care if you are who your passport says you are.
And your debts should have nothing to do with your partner. Renting an apartment? Well...If the market is tight, maybe. They may rely on credit checks more if you rent from an agency. And buying anything on credit will be dicey with a defaulted student loan.
If you make ANY payment, even $20 a month, they can't take you to court. You are making an effort. Period. No matter what they say...
Poly
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Home is where you are allowed to prosper.
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hunter
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Joined: 04/September/2003
Location: Canada
Points: 640
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Posted: 28/September/2004 at 10:16am |
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Hi Poly
Nice to hear from you.
I was wondering if you married a rich man and left the country.
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momof2
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Joined: 15/August/2004
Location: Canada
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Posted: 28/September/2004 at 10:32am |
birch
welcome to the site !
sounds like you are about to embark on the fun ride that is life after student loans. hope you like rollercoasters.
things to keep in mind:
they cant just garnish your wages. the collection agency has to refer your file back to hrdc and they have to obtain permission from the court before that happens. income tax AND gst are fair game from what i have learned.
theres no debtors prison, otherwise it would be full and there would be more jobs for prison guards and law and security graduates.
if you get sued you do not have to show up for the courts to render a judgement against you, but if you are in shaky financial position to start, it would be to your benefit to attend and plead your case, if and when it gets that far. for them to take you to court, you have to make it worth their while. by this i mean if you are working and making decent money it would be worth garnishing your wages. if you own anything of value it would be worth them taking you to court. if you owe a big chunk of money. you get the idea. but before it gets that far the collection agency gets their run at you, so if you can make small payments to keep them at bay, do so.
renting an apartment could be tricky, just make sure you give really good references and pay the guy in cash every month. offer a security deposit in cash if you have it. otherwise get someone else to sign the lease for you. some landlords are sympathetic, some arent. depends on the housing market where you live.
crossing the border - poly answered that one for you.
buying land - well that's pretty much a no go because land is considered an asset. if you have money to buy land, you should be putting it towards your student loans. plus, if you were sued the government could seize the land and sell it out from under you, applying the proceeds to your debt.
as for your debt and your future mate, your credit rating will not directly affect her BUT when you are married there will be a referral to you on her credit report.
if you can pay towards your debts, do so. if you keep paying them you may be able to negotiate a settlement later. just make sure to get everything in writing and try to be cooperative. a CA can smell fear over the phone so read through some of the other posts on the site and know where you stand legally.
the other big thing is to never ever ever give them your banking info - you may get a shock one payday to find the CA has taken out all of your money. always pay in person or send a money order. this covers your rear since you get a receipt at the same time.
good luck and keep us posted.
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SolveStudentDebt
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Joined: 05/November/2003
Location: Canada
Points: 5996
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Posted: 28/September/2004 at 12:11pm |
Debto's prison was abolished in the fifdties - or sixties from what I gather.
Renting an apartment may require a credit check. It depends on the residential group you are applying to. If you wish to cross the border, this will not restrain you from doing so. If you wish to buy land, I do not see them placing a lien against it unless it is owned free and clear. I don't think it will be an issue. If you owe CCRA tax debt, then that would be different.
Now, the only way that the debt issue will impinge on you and your future partner is if you both let it. Become aware, that's all. Know what your options are and research them well. Don't fall victim to programs that will be of no benefit to you in the event that you feel the need to seek help.
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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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polyhymnia61
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Joined: 10/January/2003
Location: Netherlands
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Posted: 28/September/2004 at 12:28pm |
Hey, Hunter!!
Well...left the country, but true to form, I'm living with a poor musician! 
I just feel more at peace than I have in years...thanks to a brain readjustment, a good man, a grown son who has his head on his shoulders... and our Johnny...
At the age of 40-mumble, I finally have a life!!!

Poly in Haarlem!
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hunter
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Joined: 04/September/2003
Location: Canada
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Posted: 28/September/2004 at 12:39pm |
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Hey as long as you are happy poly, that's the main thing.
I wish you all the best.
You deserve it.
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Guests
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Posted: 28/September/2004 at 3:43pm |
Well done!
Happiness to you!
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Birch
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Posted: 28/September/2004 at 5:12pm |
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thanks everyone for the replies. I'm really glad this website is here, takes some of the worry away. That's the worst thing -the unknown. I heard that $10/month is the legal amount to keep them off of you. But I have 4 different loans (had the '99 loans and then after than with the switch. I'm in Ontario), and now that two of them have gone to NorDom I imagine those have been split up further. So would I have to be paying at least $40/month, more if they've been split? $40 a month...hmm, nope, don't have it. I didn't actually finish my degree, so that's pretty much useless to me. So were the classes (poli sci and philosophy at Carleton -crappy!). My philosophy dept has the highest default rate of any program in ontario. Wish I knew that going in. Anyway, I'm heading out west to apprentice in welding/machining/CAD for custom bicycle frame building, so I'll eventually get my papers and have some actual skills. Then I might be able to actually pay down some of these loans. I owe just under $20,000, and the want(ed) $200/month for eleven years, then $100/month for three more years. Sorry, not possible.
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polyhymnia61
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Posted: 28/September/2004 at 9:10pm |
Birch...You sound like a buddy of mine...Got his MA in English, then apprenticed as an electrician to get a job to pay his student loans...
I told my son that he wasn't going to university. I couldn't afford it and he didn't have an interest in business, engineering or science. An artsy like me, sigh. I told him to go to college, do something practical and in the future if he wanted to go to uni, he can pay his own way...
He'll still be in debt, but hopefully it won't be as scary a ride as mine...
Poly
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Home is where you are allowed to prosper.
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KimM
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Joined: 02/June/2004
Location: Canada
Points: 148
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Posted: 29/September/2004 at 4:59am |
Can they take your IR to cover defaulted OSLs? thx.
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Birch
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Posted: 29/September/2004 at 7:17am |
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So, since I wasn't able to send Nordon all the money they wanted, they're sending the two loans back to CIBC and then they'll be sent to the gov't. I'm not sure what this all means. The dude said that it will go to a third party collection agency. I thought that's what Nordon is? Anyway, I'm a little confused here. Ok, a lot. Now I have no idea who to send money to.
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SolveStudentDebt
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Posted: 29/September/2004 at 8:20am |
What this may be is the "Cure" or Early-out" program where the bank assigns the account(s) to recover the payments and interest that is only in arrears. The agencies that are part of this program only house the accounts for 6 months or so and if they do ot recovery the "risk" amount, or the "past due monies", then the account goes back to the lender and then assigned for "full" collection. This is the best way to describe it in Layman's terms.
If this was not the case, then the collector may be trying to recommend the accounts be closed and then be sent to another agency. Usually, they cannot be closed until a certain time has lapsed. How long has Snore-Don had the accounts?
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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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Birch
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Posted: 29/September/2004 at 10:30am |
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They've only had them for about 3 weeks. Yeah, it was a 'cure' thing. I'm guessing it's sort of a last chance thing. Well, I don't have the money. I told them I could pay a smaller amount, but of course that's not ok. So, back it goes, and then all of it to the gov't, I guess? Hmmm, not too worried. For now I'm dropping out of most of this money system. I'll be back when I want to, on my own terms. If I do come back into it I know I'll have to play their games, pay them their money. But that's the choice we make, eh? I wonder how many people have gotten the fire under their butts to create alternatives to this system because of defaulted student loans? Maybe it's good for an education afterall...
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momof2
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Posted: 29/September/2004 at 10:42am |
your sanity and well being are the most important things.
the collection agency and the bank are not going to close if you dont give them any money right now.
do it on your own terms when you can afford it. and if you cant afford it, they will have to make due without it.
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ma6310
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Joined: 22/October/2004
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Posted: 22/October/2004 at 5:57pm |
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Hey poly,
I just wanted to know if anybody knows what can Canada Loan dept. or collections do if I permanently move to U.S.A or say germany? Can they ruin my credit in other countries? What if call them and say I am moving permanently to Japan? Would they give my account to collections? I am asking you this since you mentioned that you left the country.
Please I will appreciate if you can answer this.
Thanks,
mah.
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polyhymnia61
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Posted: 23/October/2004 at 10:36am |
I'm probably not the best person to answer that...I had been paying $400 a month into a consumer proposal -- first with wages with my job, then with EI benefits since January -- for the past two and a half years until I jumped the pond. Thus EI was cut off, and I can't work until my residence permit has been granted; that can take six months.
When I realized that one of the consequences of moving would be defaulting on the consumer proposal, I contacted Johnny. He's helping me with my happily ever after...
Was I being irresponsible? Well...I was living with my parents (because of the freaking student loans) and my teenaged son in a relatively economically depressed city. I couldn't find work in my field without moving within Canada anyways, which costs money. The consumer proposal would have gone belly up anyways, as I struggled to save up moving money, first and last month's rent, deposits, furniture...yadda. And if I didn't move...my EI was running out in December anyways, so the CP would still default. So, with my son going away for school, I decided to follow my heart and move in with my sweetie in Europe. Live your life first, as Johnny says.
I don't think the provincial evil ones can touch you. It's different for the federal evil ones, I believe -- Johnny can elaborate upon that.
There are a lot of members here who live in other countries...they could probably answer your questions!
Poly
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Hunter2
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Joined: 23/October/2003
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Posted: 23/October/2004 at 12:41pm |
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polyhymnia61
I am so happy for you, your story makes me feel hopeful :)
Momof2...are you sure about the referral on the credit report? We just had my hubbies sent out and he is listed as married but my SI is not on there, just a name, and not even the same last name as on my sl's(maiden name and never changed it)! There is no referral to any debt I owe at all.
Good Luck to you Birch I hope everything turns out well.
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momof2
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Posted: 24/October/2004 at 1:00pm |
hunter2
i am not sure how it works - someone else on this site told me that there would be a "see also" at the bottom of our credit reports siting the other spouse. remember, the credit bureaus are notoriously slow ( up to 90 days behind) in posting information and updates. maybe it depends which bureau you are dealing with (?).
another possibility - though again i have no realy idea how it works and am terrified to pull my report to check - it may only reference you if you have any joint debts or accounts. again, i rally dont' know how it all works.
my sl's are still in my maiden name as are any credit cards i had prior to our wedding. heck it took me two years to get around to changing my drivers license and health card.
the referral would just be your name or sin number i believe, no actual record of your debts or your credit rating should appear on his. i am going to be without a phone (adn my computer) for most of the week, otherwise i would try and dig up the info for you (and myself).
hopefully one of our members will know the answer and post it for us !
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professionals built the titanic but amateurs built the ark...
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Hunter2
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Posted: 24/October/2004 at 5:03pm |
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I agree, another thing I was thinking was that since I have not officially defaulted yet that may be why its not shown? Also since we have avoided EVER having joint anything and I signed off on all my rights to the house under the homeowners act perhaps that has kept me off as well. Lets hope so :)
I will take a look and see what I can dig up, we just got our computer back so I look forward to researching on it :)
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