Ask Experts Questions for FREE Help!
  Advanced
Register  |  Log in  
   Ask    
 Answer  
  Help  

Ask QuestionsprogressAnswer QuestionsprogressBuild ReputationprogressBecome an Expert
 
Free Answers in 3 Easy Steps

Register Now
3 Steps

At Ask Me Help Desk you can ask questions in any topic and have them answered for free by our experts. To ask questions or participate in answering them you must register for a free account. By registering you will be able to:
  • Get free answers from experts in any of our 300+ topics.
  • Accept money for answers that you provide.
  • Communicate privately with other members (PM).
  • See fewer ads.

Home > Money & Services > Bankruptcy & Debt   »   Collection on Ontario Disabillity Support Program

 
Thread Tools Display Modes
Question
 
 
#1  
Old Mar 24, 2007, 07:10 PM
bebopper
New Member
bebopper is offline
 
Join Date: Mar 2007
Posts: 1
bebopper See this member's comment history on his/her Profile page.
Collection on Ontario Disabillity Support Program

Can a collection agency collect a credit card debt while you are on ODSP. The last time a payment was made was in June or July 2001 to the credit card company. My spouse passed away in 2000 and my income went down too low to pay. They just contacted my parents and found out where I,m now living.....expecting some sort of notice soon

Reply With Quote
 
     

Answers
 
 
Old Mar 25, 2007, 12:24 PM   #2  
Finance & Accounting Expert
CaptainForest is offline
 
CaptainForest's Avatar
 
Join Date: Nov 2005
Location: Canada
Posts: 3,672
CaptainForest See this member's comment history on his/her Profile page.CaptainForest See this member's comment history on his/her Profile page.CaptainForest See this member's comment history on his/her Profile page.CaptainForest See this member's comment history on his/her Profile page.
They can obtain a judgment against you in court.

As for whether or not they can garnish your ODSP payments?

I am sorry to say, but YES they can.

I will direct your attention to the Ontario Wages Act of 1990 which indicates what can be garnished (see section 7).

Wages Act, R.S.O. 1990, c. W.1

Specifically, section 7 (1.1)

Quote:
Disability payments included
(1.1) For the purposes of this section, payments from an insurance or indemnity scheme that are intended to replace income lost because of disability shall be deemed to be wages, whether the scheme is administered by the employer or another person. 1999, c. 12, Sched. B, s. 18.
I got that above statue from following this link on the Ontario Government’s website:
http://www.attorneygeneral.jus.gov.o...entJun06EN.pdf

The portion is at the bottom of PDF page 10

Quote:
What is a garnishment?

If a court has ruled in your favour and you have not received payment, you can claim/demand money owed to the debtor by someone else. This is called garnishment. Most often, people garnish wages or bank accounts.

The rules for garnishment are contained in the Rules of the Small Claims Court. The rules on garnishment are strict and have to be followed carefully.

Section 7 of the Wages Act restricts the amount of wages that can be garnished. In addition, there are some exemptions from garnishment. For example, employment insurance, social

Comments on this post
bebopper agrees: I did not know they could garnish ODSP
  Reply With Quote
 
     
 
 
Old Aug 28, 2007, 01:53 PM   #3  
New Member
Pellan is offline
 
Join Date: Aug 2007
Posts: 1
Pellan See this member's comment history on his/her Profile page.
Your ODSP can NOT be garnished, it does not fall under the ontario wages act, the wages act applies to private insurance, not government assisted income.
ODSP has it's own law.
Under the Ontario Disability Support Program Act, 1997

Quote:
No attachment, etc., of income support
18. (1) Income support under this Act,
(a) is not subject to alienation or transfer by the recipient; and
(b) is not subject to garnishment, attachment, execution, seizure or receivership under any other Act. 1997, c. 25, Sched. B, s. 18 (1).
I obtained this information from
Ontario Disability Support Program Act, 1997, S.O. 1997, c. 25, Sched. B
  Reply With Quote
 
     


Thread Tools
Display Modes

 
Similar Sponsors

Similar Threads
Question Asker Forum Answers Last Post
what to do in ontario? motherload Family Law 1 Mar 12, 2007 06:18 AM
SOL in Ontario for collection of old debt cissy1967 Small Claims 8 Mar 7, 2007 12:19 PM
Ontario Limitations Act Sqaure Other Law 0 Feb 22, 2007 06:30 PM
SoL Debt Collection in Ontario MonicaDR Other Law 2 Nov 3, 2006 08:02 PM
Ontario Canada & Collection Agency ?'s frustratedandscared Bankruptcy & Debt 2 Oct 27, 2006 09:26 AM




Copyright ©2003 - 2007, Ask Me Help Desk.
All times are GMT -8. The time now is 08:56 PM.