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Craftylady51 · May 4, 2009, 12:35 PM

My husband claimed bankruptcy and now all his creditors are coming after me even though we have since separated.. I receive a disbility check from work as well as one from the government.. I live in southwestern Ontario.. Can this collection agency guaranshee either of my disability checks?. Also, can they touch my home if it is in both my ex's and my name?. There is no equity in it at this time but the mortgage payment have been paid to date... They are threatening me for an over draft amount through the bank we had previously both used.($1800).Thank you for any help you can provide.
JC

Zazonker · May 4, 2009, 02:37 PM

There are so many issues here, that the danger of giving you bad advice is extremely high. But, this is a situation that you can't just let sit. It'll get worse if you do nothing.

I recommend that you see a lawyer immediately.

ScottGem · May 4, 2009, 02:53 PM

They probably can't attach disability payments. If debts were discharged by bankruptcy, they shouldn't be able to go after you. But if they can anything that is in both names is attachable.

I agree that you should consult an attorney.

Craftylady51 · May 4, 2009, 03:02 PM

Thank you for your quick response.. I called a lawyer after seeing your answers and was told they cannot touch my disability cheques but they can continue to call me for the accouts that were in both our names.. Unfortunately since I am on a disability I do not have the funds to consult a lawyer.This collection agency has been extremely rude even though I explained my circumstances, very very rude and threatening... The only thing I could see would be to claim bankruptcy which I hate to do since I have always had a very good credit rating up until now when my husband decided to claim bankruptcy.. Thank you for helping in answering my question.

ScottGem · May 4, 2009, 03:15 PM

Two points. I believe Canada has a law similar to the US that requires creditors to only contact you in writing if you request it. So the next time they call tell them that they need to contact you only be mail and follow that up with a letter to that effect.

Second, make sure you tell your bankl that you only income is from protected sources. Once funds have been deposited there is no indication what their source is so this protects your bank accounts.

Zazonker · May 4, 2009, 03:22 PM

You are quite welcome. Wish I could have actually helped a bit more.

On the specific issue of the collection agency, here in the US there are strict restrictions on how threatening and how rude they can get. I'm not sure of the situation in Canada, but I think it is similar.

I got some perspective from the inside a number of years ago. Without providing any privileged information, I can tell you that to avoid getting in trouble with state governments some collection agencies do all of their calls from out of state, or even out of country. The context of the info at the time was the US, Canada, and the UK. The primary approach was to pressure people with threats, rudeness, etc. to the point that they would pay.

If you have no legal liability for debts that they are trying to collect from you (you need to make that determination, or perhaps you have legal aid available there), you can pretty much ignore their calls; even hang up on them.