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    nomoredebt's Avatar
    nomoredebt Posts: 4, Reputation: 1
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    #1

    Sep 10, 2010, 09:30 AM
    Making an offer
    I live in Ottawa, Canada, and I am trying to make an offer to a collection agency to pay off a debt. I've contacted them a few times, but I haven't receive a response. Should I just go to the courthouse and file a motion to make them accept what I'm offering?
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #2

    Sep 10, 2010, 09:34 AM

    I wouldn't bother contacting the collection agency again. They want all, original amount plus debt immediately. You are entitled to make an offer. Go to the courthouse and file a motion. That will get their attention.

    Tick
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Sep 10, 2010, 10:07 AM
    Quote Originally Posted by nomoredebt View Post
    ... Should I just go to the courthouse and file a motion to make them accept what I'm offering?
    No. Unless you are offering payment in full of everything they are asking for, a court won't order them to accept it.

    I don't know much about Canadian procedure, but what one would do here is file an "Offer of Judgment". Depending on the laws and statutes in place, if you do an offer of judgment in the right way, it can effectively force them to consider it or face the consequences of not doing so.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Sep 10, 2010, 02:20 PM

    I know a little bit about Canadian law - no Court is going to order any creditor to accept less than the full amount due and owing.

    In fact, the creditor doesn't have to communicate with you unless it wants to.
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #5

    Sep 10, 2010, 02:32 PM
    Quote Originally Posted by JudyKayTee View Post
    I know a little bit about Canadian law - no Court is going to order any creditor to accept less than the full amount due and owing.

    In fact, the creditor doesn't have to communicate with you unless it wants to.
    Many times these debts have been sold. It may be a long time since it belonged to the original creditor; they have already been paid off because have accepted so many cents on the dollar, and so and so on. I know you know this, JKT, I am just pointing that out for the OP.

    My point... well I think the OP should take it back to court and proceed as AK suggested.

    Tick

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