Perhaps you have failed to pay your bills on time for the last few months, and now you are having trouble paying them altogether. You are not sure exactly what they can do to you if you do not pay your debt, but all you know is that you definitely do not want to get sued. Can a collection agency really take you to court and sue you if you neglect to make your monthly payments?
Here is another part of the scenario for you. Probably, during all this time of stress and worry about money, you have had several calls from the collection agency. The question is, what kind of trouble are they giving you to persuade you that will make you pay your debt? Could there possibly be anything that violates the rights you have when it comes to dealing with collection agencies?
If you do not pay at least the minimum requirement that the lender you borrowed from asks of you each pay period, you owe quite a bit of money to that lender, and the collection agencies have been trying to get you to pay it, but to no avail, you may very likely go to court and be sued. However, it is not the collection agency that will be suing you, but the lenders themselves. Collection agencies cannot sue you for not paying the money that you owe to your lender, unless they are a collection law firm.
The good part about all of this is that even though collection agencies cannot sue you, but you can sue a collection agency if you feel that you are being wronged by that agency. There are sometimes when you are allowed to call the collection agencies on the actions they took concerning your neglect of payment IF there was some violation of the law in their doing so. There are certain things that collection agencies can and cannot do, which rules they must abide by, just as we are obligated to abide by the specific rules that are set for us.
Collection agencies are not allowed to harass the people they call to collect debt from. On behalf of your creditors, they are obligated to call you and inquire of you the money that you owe, that is past due. Still, there are several things that the collection agencies are not allowed to do because they violate the laws that protect the credit holder's rights dealing with credit agencies. Here are a few examples of harassment.
If a collection agency calls you in behalf of the same creditor more than three times a week, they are violating your rights. They are not allowed to call you more than this, and they are only allowed to call you during certain hours of the day. Collection agencies may be calling you too much, resulting in harassment, in which case you should record all the times and the dates on which you were called, then file a complaint against them.
Another thing that collection agencies do that is considered harassment is that they sometimes ask for information about you other than your phone number and address from other people that you know. This is also illegal. If this occurs, make sure you use the person who was asked the information about you as a witness in your complaint against the credit agency.
Filing A Law Suit
If you have been injured in an accident in Ontario, part of your law suit will require you to complete an Affidavit of Documents. This is a listing of all documents that are or may be relevant to your case. Documents must be listed if they help you. They must also be listed if they hurt you. Unless something is legally privileged, you usually have to disclose all this is pertinent.
For a plaintiff in a personal injury case, there are a variety of documents you will have to include. Some of the important documents demonstrate how the accident occurred. Included in this group are the report prepared by the police, pictures of the accident, copies of any court documents like tickets that relate to the accident. We will also include any materials received from your property insurer showing the amount of damage to your car.
The largest section of documents are those that support your claim for damages. To start with, you must include your medical records. Your personal injury lawyer orders your OHIP summary which outlines all the insured medical services you have received for the previous seven years. That summary will be included. Using the summary, the lawyer will order all of your medical records from the doctors, hospitals and laboratories that have provided medical services to you, both before and since the accident.
Also included are medical records from non-OHIP covered services. Your lawyer will rely on you to identify any physiotherapists, massage therapists, chiropractors or other rehabilitation specialists you have seen.
If you want compensation for your expenses, we will have to list all receipts, records from prescriptions, and other supporting documents.
Your employer will also be asked for your file if you have suffered lost wages. Often the lawyer will request your complete personnel file to show your length of service and regular attendance before the accident.
Your tax returns are another important part of your Affidavit of Documents. Usually, they must be provided for five years pre-accident. Again, this establishes your earning pattern
If your claim arises from a car accident, your Affidavit of Documents should also include your complete Accident Benefit file.
In light of all this, the plaintiff's Affidavit of Documents makes up a lengthy list. Some clients are shocked at the amount and wonder if their lawyer is providing too much. However, the fact is that most insurers will require this information before they will consider making a meaningful offer to settle.
Brenda Hollingsworth And Richard Auger has sinced written about articles on various topics from Legal Matters, Drunk Driving and Lawsuit Financing. Brenda Hollingsworth and Richard Auger are lawyers representing accident victims in Ontario, Canada. Their law firm is Auger Hollingsworth, located in Ottawa. They are the authors of "An Injured Victim's Guide to Fair Compensation". To get free copy of th. Brenda Hollingsworth And Richard Auger's top article generates over 14800 views. Bookmark Brenda Hollingsworth And Richard Auger to your Favourites.
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