Debtor & Creditor Rights | Legal Help for Debt Resolution

CALGARY DEBT COLLECTION LAWYERS

Welcome to Laws & Beyond, a firm comprised of seasoned legal professionals with vast experience in debt collection and debtor/creditor disputes.Have you been contacted by a collection agency? Do not be alarmed. The collection legal structure in Canada is well-designed, with laws, rules, and regulations that protect both creditors and debtors. If you are facing a debt collection litigation, we will work with you to protect your legal rights and interests. We also assist creditors in collecting debts from defaulting debtors through the proper legal procedures.

COLLECTION AREAS

DEBTOR AND CREDITOR DISPUTES

In Canada, debtor-creditor disputes are prevalent. You, the debtor, may find yourself in a tough spot where you are unable to pay for your debts. That is to be expected in this world of ambiguity.

However, you should always avoid unnecessary disputes with your creditors over missed payments. Hiring skilled collection attorneys like ourselves to arbitrate the disagreement between you and your creditors is one approach to avoid conflicts.

Creditors, on the other hand, are prohibited from seeking “self-help” remedies under the legislation. If you’re a creditor seeking for a way to get your money back from defaulting debtors, we’ll guide you through the legal process.

ENFORCEMENT OF JUDGMENTS

If you are a creditor and a judgement is entered in your favour after going to court, you should be aware that the judgement is not self-enforcing. However, to avoid a poor credit report, most honest debtors will desire to pay off the obligation as soon as the judgement is entered.

Our lawyers will assist you in taking the necessary legal procedures if the debtor refuses to pay the amount even after a judgement has been obtained. If you obtain a judgement in your favour, you will have the assistance of the court in collecting what is owed to you. We’ll help you make the most of the judgement enforcement tools available to you, like as garnishments and attachments. Judgment tactics require finding the debtor’s assets and attaching the judgement to the assets as a lien.

To meet the judgement, you can sell or liquidate the assets for cash. Our debt collection professionals will assist you in locating your debtor’s property, securing your judgement as a lien, and liquidating the assets in question. Debtor’s interrogatories, garnishment, and foreclosures are some of the other methods used to enforce judgments.

COLLECTION OF DEBTS

If you are unable to pay your debt, your creditor may turn it on to a debt collection agency. Debt collection services buy unpaid debts from creditors and track them down to ensure that they are paid.

We will assist you in defending your rights and interests against the debt collecting agency’s. These organisations must adhere to a set of statutory norms and regulations. If they don’t, we’ll be forced to take legal action against them. We can also assist you in negotiating a payment plan with the debt collector on your behalf. Both you and the creditor will benefit from this payment plan.

We will assist you in taking the most effective legal steps if you are a creditor attempting to collect debts from defaulting debtors. Our attorneys are well-versed in the applicable legal framework and will assist you in enforcing your judgement against the debtors.

COMMERCIAL DEBT COLLECTION

Both parties have equal power to agree on credit, payment arrangements, and financing in the commercial market.

When a debtor fails to make a payment, there are three options:

1. The due debt is sent to an in-house collection department
2. The due debt is sold to a third-party collection agency
3. The matter is litigated in court

Is your company suffering from defaulting commercial creditors? Let us help you recover your debts without hurting your brand and reputation.

CONSUMER DEBT COLLECTION

Relationships in the business-to-consumer (B2C) sphere are transactional, unlike in the commercial realm. Payment can be made at the moment of the transaction or at a later date if the consumer chooses to pay for the goods or services in instalments.

When a customer fails to make regular payments, the company has the option of terminating the agreement, evicting the tenant, reclaiming the property, or using third-party debt collectors. If your company creditors have ceased paying you, we can assist you in recovering what you are owed without violating the debtor’s rights.

WRIT OF ENFORCEMENT

A creditor files a writ of enforcement with the court after receiving a judgement or court order awarding damages. The writ of enforcement is the first stage in collecting money from debtors who refuse to pay a judgement that has been entered against them.

If your debtors fail to honour the initial judgement, we will assist you in filing a writ of enforcement. With a court-ordered writ of enforcement, we’ll be able to collect your debts by property seizure, wage garnishment, or any other legal means.

GARNISHMENT

If you don’t pay your creditors, they can get a court judgement against you, allowing them to take a portion of your wages. When a court orders your employer or bank to pay over a portion of your salary or bank balance to a creditor, this is known as garnishment.

Garnishment, on the other hand, is governed by federal and provincial laws. If a garnishment order has been issued against you, we can help you defend your rights or possibly negotiate a fresh agreement with your creditors. On the other hand, we also assist enraged creditors in obtaining garnishment orders against debtors who have failed to pay their debts.

SECURED CREDITOR RIGHTS

A secured creditor is one who has a perfected lien or secured claim against the debtor’s assets. The secured creditor has a claim to be paid before other creditors from the proceeds of the debtor’s collateral in the case of bankruptcy. During bankruptcy, secured creditors have a number of extra rights, including the right to receive post-petition interest, costs, fees, and charges.

You are also entitled to adequate protection for any loss in the value of your collateral interest as a result of any sale, use grant for a lien, or lease. Finally, you have the right to credit bid your claims in the collateral sale. At Laws & Beyond, we will protect your rights and interests as a secured creditor. Our attorneys are vastly experienced in this area of law.

UNSECURED CREDITOR RIGHTS

ASSET LIQUIDATION

Winding up or insolvency are other terms for asset liquidation. A sanctioned liquidator realises a company’s assets and distributes the proceeds to creditors through this process.

Winding up is governed under the Bankruptcy and Insolvency Act, RSC 1985, c B-3.

There are two approaches to liquidation:

Compulsory liquidation which is triggered by a court order
Voluntary liquidation where corporate members mutually agree to liquidate

We can help you save your firm and safeguard your rights against those of your creditors if you are considering liquidating your business or are facing a compulsory liquidation court battle.

CREDITOR REPRESENTATION IN BANKRUPTCY CASES

Laws & Beyond represents creditors in bankruptcy cases. Our main purpose is to safeguard your interests and rights against the debtor and collection agencies.

Please do not hesitate to contact us if you are a creditor who has been wronged by a debtor or if you are owed money by a debtor in bankruptcy. We have the skills and ability to protect your rights and make sure you get what you deserve.

Contact Us

*30 mins consultation free, if retained

Contact us by phone, email, or online.

Suite #320, 634-6 Avenue SW, Calgary, Alberta, T2P 0S4

Phone: 403-300-5297
Fax: 403-300-5298
Email: info@lawsnbeyond.com

Hours

Mon 08:30 am – 05:30 pm
Tue08:30 am – 05:30 pm
Wed08:30 am – 05:30 pm
Thu08:30 am – 05:30 pm
Fri08:30 am – 05:30 pm
SatBy Appointment
SunBy Appointment

NOTE: Please do not send any confidential information or details about your case via this page or by email. We will not review any information sent to us, and we will not give advice until we have booked a consultation with you.