Small Claims Court
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THREATS OF LEGAL ACTION?
If the collection agency or what appears to be their legal staff make written or verbal threats of legal action, have a lawyer send you a `draft` statement of claim or use other shady tactics report them to the Newfoundland law society However you should never trust a law society to actually help you.
If a collection agency discloses your personal information to a 3rd party or is incorrectly reporting something on your credit bureau, make sure to contact this department to discuss the matter.
Since collection agencies only get paid when they collect these debts, they can be very persistent. While you are responsible for paying money that you owe, the Collection Agencies Act says that all collectors must be licensed. This means there are rules that collection agencies must follow when they contact you.
Collectors must contact you by mail before making any contact by phone or otherwise.
Collectors cannot collect more money than you owe the business or person who hired them.
Collectors are responsible for making sure that you actually owe the money. They must tell you who is looking for repayment when they contact you.
Collectors may not make collect calls to you to demand repayment.
You may ask collectors to only contact you through a lawyer.
Collectors may not threaten or intimidate you or use abusive language.
Collectors may not call so often or in such a way that you or your family feels harassed.
Collectors may not call on a Sunday, or between 9 p.m. and 8 a.m.
Collectors may not lie about you (directly or indirectly) to your family members or to anyone that you owe money to.
Collectors may not give information, or threaten to give information, to anyone that could affect your employment.
Collectors may not contact your employer, friends, acquaintances, family or neighbours unless they have guaranteed or co-signed the loan they are trying to collect, except if they are looking for your address.
Collectors may not take you to court – unless the collector has taken on the debt from the company that you originally borrowed money from
This is not legal advice, it is information
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