When someone keeps making empty promises to pay, or is not returning your telephone calls or emails, then it is time to hire an aggressive lawyer like Crangle. Sometimes it only takes a demand letter sent by a lawyer to get a debt paid, but other times it requires a lawsuit. There are two issues to debt collection:
- Do you have a strong claim that the debt is owing; and
- Is the debt collectible?
If the debtor has acknowledged the debt in writing or by email, but still has not paid, then the creditor may be in a position to bring a motion for summary judgment when there are no genuine facts dispute. This accelerates the court process so that the creditor does not have to wait two or three years or more to get to trial. In certain circumstances, obtaining a judgment against a debtor is only the first step. If the debtor does not pay the judgment then the creditor will have to take post-judgment enforcement steps such as garnishing a debtor’s bank account and issuing writs of seizure and sale in the jurisdiction where the debtor has property. If the judgment creditor does not know where the debtor has bank accounts or assets, then the creditor’s lawyer can conduct an examination in aid of execution. This is where the lawyer gets to ask the debtor specifics about where they bank, the bank account numbers, the location of their assets, whether they have dissipated or transferred any assets to avoid paying the judgment, etc. in order to garnish the debtor’s bank accounts and instruct the sheriff to seize and sell the debtor’s assets. Creditors must remember that there is a 2 year limitation period, and if you do not start a case within 2 years, you could be statute barred from starting one.
Crangle has represented both creditors and debtors. Sometimes a defendant has a very good reason for not paying an invoice. Perhaps the services rendered were unacceptable, faulty, delivered late or were not what was promised. In cases like that, Crangle will vigorously defend the lawsuit for you. A defendant may even want to counterclaim against the plaintiff by alleging that the deficient services provided by the plaintiff caused damages to the defendant, which the plaintiff should be liable for. Every case has its own unique set of facts, and it is the lawyer’s job to ask the client questions to get an entire understanding of the circumstances so that the case may be properly pursued or defended.
For debts of $35,000 or less, those cases go to the Small Claims Court. For higher damages, those cases go to a higher court. Crangle practices in jurisdictions throughout Ontario, including but not limited to Toronto, Brampton, Newmarket, Milton, Barrie, St. Catharines, Welland, Goderich, Ottawa, Kingston, etc.
Call or email for a free consultation. Contingency fee arrangements may be available in appropriate circumstances.