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

They can obtain a judgment against you in court.

As for whether 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)

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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.

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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:

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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

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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

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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).

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I obtained this information from
Ontario Disability Support Program Act, 1997, S.O. 1997, c. 25, Sched. B

I am being harassed by Debt collectors for old debs ( 8 years ago) I was stricken with Severe RA and unable to work. No one would hire me in my line of work, I even resorted to working for myself. The drug costs and inability to work fulltime soon overwhelmed me and I was forced to go on ODSP. I am still on ODSP but receive the largest portion of my meager income from CPP-Disability.

I recently received a letter from one collector that they were going to take me to court and my pssesions could be sold to cover the debt. The possesions are not worth a whole lot and most likel;y would not even cover the debt. However the stress from harassing phone call and such letters is my main concern.

Any advice as to what I can do? I make 1002.00 per mnth and can barely pay rent , food , utilities etc. Even affording decent warm winter clothing is an issue.

Would appreciate any advice or links that would help my situation.

Thanks in advance.