Common Misconceptions
Bill Collectors and the
Police
A bill collector cannot call the
police and have you arrested for failing to pay one
of your overdue bills.
Responsibility
for Debts of Your Spouse
You are not responsible for the
debts of your spouse, common-law or otherwise, unless
you are a joint borrower, have co-signed the loans
of your spouse, or have joint credit cards with your
spouse and used your spouse’s credit card.
If your spouse has debt problems
and you don’t, your assets are not at risk
unless you have co-signed the debt, etc. as mentioned
above. Your assets are your assets, and your spouse’s
assets are your spouses! Simply being married or
in a common-law relationship does not mean that you
are liable for each other’s debts.
Canada Revenue Agency has
the Ability to Settle your Outstanding Taxes
With the exception of the fairness
package, where it is possible to have interest and
penalties waived in special circumstances, a tax
collector can not negotiate a reduction in your tax
debt. Collectors can only collect your debts and
are judged by their ability to collect from you.
Bill Collectors Have the
Ability to Settle Your Debts
Be careful. Bill collectors are
typically paid a percentage of what they are able
to collect from you on their client’s outstanding
account. A promise to write off the balance of your
credit account for a percentage of the debt owed
by you to the creditor is only valid if it is in
writing and the creditors are part of the agreement.
If you are not careful, once you have paid the agreed
amount, a new collector could be assigned to collect
your debt, and the new collector will proceed against
you again to settle the amount of the unpaid balance.
You Can Protect Credit
For Later By Paying A Small Credit Card Balance
Once you have taken any sort of
protection from your creditors, the fact that you
have taken such protection will be recorded on your
credit bureau and will likely result in refusal of
any credit applications following your “settlement” of
debt.
If You Do Not Pay Your
Bills, Your Creditors Can Seize All of Your Assets
This comment is simply not true.
In Alberta, many significant assets are protected
from your creditors by law. The only time that you
lose the protection is if you do things that erode
such protection. We discuss protected assets elsewhere
in this web site under “Exempt Assets”.
Bill Collection Agencies
Have the Right to Hassle Me and be Rude to Me Because
I Have Not Paid My Bills
Nothing could be further from the
truth! Collection Agencies have to be licensed by
the Government of Alberta and as such they are responsible
to the Government Of Alberta. The licenses are granted
under the Fair Collection Practices Act and the Department
of Consumer Affairs monitors the collection agencies.
They can cancel licenses granted to Collection Agencies
if they abuse their collection rights.
If a collector is being rude to
you or making threats to you, you should get his
name and then ask to speak to his supervisor before
referring the collectors’ actions to the government
under the Fair Collection Practices Act.
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