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Burno · Jun 3, 2013, 02:13 PM

Received a default judgment in Ontario Canada from a company who buys debt. I have been paying monthly payments to this company who took me to court even when I asked for the original certified copies of the debt purchase with my name on it. My mother passed and so I was unable to send in a counter claim on this hence the default judgement. I am haunted by the how these collection agencies use the courts frivolously and how the judges sign off without asking for proper documentation.. I need to know how to go about dealing with this company. Sent a complaint to the BBB in the area they do business however I am not expecting them to do anything. Sent a letter to the Ministry of Consumers in Ontario and was told it will be weeks before they respond. In the meantime this company has every legal rights given to them to seize my property...

What can I do??

JudyKayTee · Jun 3, 2013, 02:18 PM

Let me get this straight -

You were served with a summons and complaint. Did you file a written answer within the appropriate time frame?

There is also a time frame within which you can appeal IF you have adequate legal grounds. That would be, for example, extreme hardship - you were in one place with your very sick mother and all your paperwork was in another place.

Did you owe the debt? If you did and the Statute (the time within which the Court will order it paid) was expiring the debtor filed for Judgment before the time frame expired.

What did the people who got the judgment against you do that was unethical or illegal?

It would appear that the company produced "adequate proof" of its claim. It was your "job" to produce your proof of your version of events. The Court has no obligation to defend you, support your claim, gather your proof.

When was the judgment awarded? What date?

Burno · Jun 3, 2013, 02:39 PM

The debt is SoL and because I started to repay it it has now become active
Yes I was out of the country so I could not file a claim..
The company purports to be an acqusition company yet the same company is the one who took me to court whilst I was paying. I do understand the court is not there to defend me however they are there to ensure fair play. My understanding is that the claim is stamped by a clerk and entered and then the judge signs it and that is it... no proof is required. BTW this company is notorious for putting together a bunch of documents to say they bought debt. Yet they were unable to provide me with one that stated my name,