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Small Claims Court Ontario - How to be sure I pay REAL Creditor

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  • Small Claims Court Ontario - How to be sure I pay REAL Creditor

    I have a situation. I have a default judgement against me in Small Claims Court (Ontario), I think it was obtained through shenanigans and wasn't even aware of it until I had a notice of examination served on me....

    But that is beside the point, as I intent to pay it in full (or see if the creditor will accept a payment plan). I need to attend an Examination next month and my intention is to pay.

    Here is where I need advise, the Judgment was obtained 8 years ago and the creditor was named, lets say for the sake of not saying the real name, "ABC Productions" a company in the USA, NOT an individual.

    A quick google search reveals that "ABC Productions" no longer exists, is not at the address it was at 8 years ago (The address that it filed the small-claims court paperwork under). The telephone number is re-assigned. The company doesn't exist. No company with the name "ABC Productions" is operating according to Google.

    How will I know that the person who shows up as the Creditor at the examination, and to whom I will pay, is really the person entitled to the money? Am I obliged to pay anyone that claims to be "ABC Productions"? Will the court require some proof that a person and/or lawyer saying they represent "ABC Productions" is who they say they are and that the funds I pay will reach "ABC Productions"?

  • #2
    Re: Small Claims Court Ontario - How to be sure I pay REAL Creditor

    Originally posted by VideoProducer View Post
    I have a situation. I have a default judgement against me in Small Claims Court (Ontario), I think it was obtained through shenanigans and wasn't even aware of it until I had a notice of examination served on me....

    But that is beside the point, as I intent to pay it in full (or see if the creditor will accept a payment plan). I need to attend an Examination next month and my intention is to pay.

    Here is where I need advise, the Judgment was obtained 8 years ago and the creditor was named, lets say for the sake of not saying the real name, "ABC Productions" a company in the USA, NOT an individual.

    A quick google search reveals that "ABC Productions" no longer exists, is not at the address it was at 8 years ago (The address that it filed the small-claims court paperwork under). The telephone number is re-assigned. The company doesn't exist. No company with the name "ABC Productions" is operating according to Google.

    How will I know that the person who shows up as the Creditor at the examination, and to whom I will pay, is really the person entitled to the money? Am I obliged to pay anyone that claims to be "ABC Productions"? Will the court require some proof that a person and/or lawyer saying they represent "ABC Productions" is who they say they are and that the funds I pay will reach "ABC Productions"?
    If the business no longer exists, then the creditor that appears in court for the debtor's exam can be asked to provide proof that they are entitled to collect on the judgment. If it's an individual, they may be required to provide proof that they are legally connected to the business that obtained that judgment against you.

    In all honestly, this issue is one that you should have brought up at the Small Claims hearing - and you could have, if you had been so inclined to appear. Given that the company obtained a default judgment against you, however, you may now no longer have a chance to challenge them. If the business didn't exist when the judgment was issued, then it could have provided you with a defense to whether or not the debt was rightfully owed to the plaintiff that sued you.
    "If it ain't in writing, it never happened."
    "A lack of planning on your part does not constitute an emergency on my part."
    "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

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    • #3
      Re: Small Claims Court Ontario - How to be sure I pay REAL Creditor

      I am sure the business did exist back when they obtained the default judgement back in 2006. And I won't get into the details of why I let the default judgement happen, water under the bridge and I am stuck with paying... just making sure I pay someone who I actually owe the money to, and not just someone who is making a grab for it but isn't the company that won the judgement.

      Will I need to ask the court to ask for proof? If its a lawyer that shows up, what proof will he/she provide that he/she will turn over the money to the creditor. Is making the payment via Cert. Check made payable to the the creditor company's name (only) help?

      Comment


      • #4
        Re: Small Claims Court Ontario - How to be sure I pay REAL Creditor

        First of all you have to pay according to the judgment of the court to the person who is authorized to get the payment. If the company does not exist, the person is the right debtor of the company. Company has the right to receive the amount from you on the terms of the orders of the court. Speak with an expert lawyer.

        Comment


        • #5
          Re: Small Claims Court Ontario - How to be sure I pay REAL Creditor

          Thank you for the advice. The matter is under $5000, so I'm not sure its worth hiring a lawyer as I intend to pay someone in full.

          I have had contact with the Creditor's lawyer, they are asking for the payment, in the form of a Bank Draft, to be either made payable to them (the lawyer's name) or payable to a company name that is NOT the company name found on the Judgement.

          They have said they will refuse a bank draft made payable to the company named in the judgement.

          If I attend the Examination with the Bank Draft in the full amount of the Judgement and made payable to the company named in the judgement, will they be able to refuse to accept it and proceed with the examination? Can they ask for payment to be made to anyone they choose? Is the lawyer entitled to the money, and then he/she pays their client?

          Comment


          • #6
            Re: Small Claims Court Ontario - How to be sure I pay REAL Creditor

            Originally posted by Unregistered View Post
            I am sure the business did exist back when they obtained the default judgement back in 2006. And I won't get into the details of why I let the default judgement happen, water under the bridge and I am stuck with paying... just making sure I pay someone who I actually owe the money to, and not just someone who is making a grab for it but isn't the company that won the judgement.

            Will I need to ask the court to ask for proof? If its a lawyer that shows up, what proof will he/she provide that he/she will turn over the money to the creditor. Is making the payment via Cert. Check made payable to the the creditor company's name (only) help?

            You have every right to have the court require proof that the entity attempting to collect in fact owns the judgment. Make your request formally, in writing, as a motion to show cause for instance...that X entity has the authority to collect the judgment.

            Unless the issue is raised with advance notice it is not likely the lawyer will be prepared with the assignment or purchase paperwork. You have every right to do this, have the proof the entity has the legal right to collect on the debt before paying one dime, by certified check or one single loony.

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