Our lawyers at Chand & Co. are here to help you if you have loaned someone money or supplied them with goods or services but are not getting paid. Our lawyers are committed to representing our clients and obtaining the best possible outcomes. We will do everything possible to pursue the collection of what you are owed.
Managing Debt Recovery
When you are in business, whether big or small, every dollar you have to spend on the business matters. This means that when customers are not paying their debts, the damage to your business could be detrimental. The unpaid debts might mean that you can’t keep inventory stocked, pay your employees, or fund your business growth. When all the recovery efforts against your debtors fail, you can decide to go the legal way with the help of a debt collection lawyer. You will need an experienced lawyer to guide you through the court process and obtain a court judgment against the debtor. A lawyer ensures that you commence the lawsuit on time to avoid violating Ontario’s Limitations Act. The act outlines that a creditor must initiate legal action against a debtor within two years of receiving the last payment from the debtor. If the limitation period expires, you will lose your right to bring a lawsuit against the debtor.
Our debt collection lawyer, Guelph, will advise you whether to take legal action against the debtor. If the debtor is judgment-proof, suing them may not be the best option. A judgment proof is a description of a borrower who does not have enough income or assets for creditors to seize when there is a court order to pay a debt against them. For example, a debtor who is unemployed or broke can be considered judgment-proof. Also, a debtor who has legally protected income or assets is also judgment-proof. You cannot seize the assets of someone that the court considers judgment proof. Unemployment benefits, social security, or disability benefits do not count as assets a creditor can seize. Even if a judgment proof, also known as collection proof, is not permanent, the judgment can be valid for years. The judgment proof can even be renewed upon expiry.
Enforce Your Judgement
Obtaining a judgment against a debtor doesn’t mean that you will recover the debt owed. The trickiest part involves enforcing this judgment against the debtor. When the court awards you a judgment, you can take additional steps to learn more about the debtor and whether the debtor is capable of honouring the judgment against him or her. The examination in aid of execution can be conducted whereby the creditor, debtor, counsel, and court reporter are present. During this examination, you can question the debtor to determine if the debtor intends to obey the judgement or has any reason for not doing so. The debtor presents several documents to support their financial position. If the borrower brings insufficient documents at the execution hearing, you can adjourn and request a court order for the production of the necessary documents. When examining the debtor, you can inquire about the non-debtor’s assets. You will need a lawyer to help you question the debtor to obtain the necessary information.
Another way of enforcing judgment against a debtor is through a writ of seizure and sale of land. This court order is issued when a borrower fails to make payments on a loan for an extended period. You cannot obtain a writ of seizure and sale if the debtor has only missed a few payments. This aggressive move is adopted when the debtor ignores all attempts at collection for a loan in default. A writ encumbers any land owned by the debtor and any land the borrower acquires later on. With the order in place, the debtor can not sell or remortgage their home without first clearing the loan.
A notice of wage garnishment is also a common way of enforcing judgment against the debtor. A creditor obtains a court order proving that the debtor owes them money and has defaulted on payments. The garnishee deducts money from the debtors’ bank account or wage and uses it to repay the debt owed. Sometimes, the garnishee can receive a wage garnishment notice but fail to effect it. In this case, you can take legal action against the garnishee to have the garnishment order effected. You will need our Guelph debt collection lawyer to guide you through this process.
Why Work With Us
hearings, trials &
$10 million +
In judgements obtained
expertise in high-value
THE CHAND & CO. ADVANTAGE
Chand & Co. has a stellar reputation for going the extra mile to help creditors collect what they are owed. You can always count on our unwavering support even if your debtors are threatening to file bankruptcy. We have successfully represented thousands of individuals and businesses in recovering debts owed. We are proficient in the enforcement of judgements against debtors. Contact us today to schedule a consultation with one of our lawyers.
We are proud to have helped many clients with their legal needs with our personalized and attentive service. We are grateful that our clients endorse us heartily and without reservation. See some testimonials of what some of our valued clients are saying about us:
We wanted to take this opportunity to thank you for the outstanding legal services you recently provided to us. As a result of your efforts, we have just received our settlement cheque. When we first approached you, we were quite distraught about the process of entering into litigation, but your sensitivity to our concerns immediately put us at ease. Your approach to our situation was at all times both creative and pragmatic. You were always accessible when we contacted to you and were extremely diligent in protecting our interests.
We will be recommending you enthusiastically to any of our friends and colleagues who find themselves in need of your legal services.
AT THE REQUEST OF CLIENT
In early 2009, we needed a great litigation lawyer for a particularly difficult regulatory matter. Pradeep Chand meet with us only two days after our initial phone call. He took time to understand our situation and to explain his approach to litigation. Pradeep's guidance, counsel and style yielded the desired results. Pradeep has represented us on subsequent litigation matters, all with successful results for our establishment.
Pradeep has earned our complete confidence. We now rely on his guidance and direction on all liquor license and litigation matters. We look forward to working with him for many years to come.
OWNER, SILVER CITY BAR & GRILL
Pradeep is one of the brightest and most tenacious litigators in liquor license and regulatory matters. I have had the chance to work with him on several different matters, and in each case his preparation was flawless and his arguments were well crafted. He is passionate about defending his clients. He has my highest recommendation.
CO-OWNER, STIRLING ROOM
Chand & Co is our go-to firm for any high-stakes litigation. They are smart, tough and effective.
AT THE REQUEST OF CLIENT
I am happy and proud as a client to commend Pradeep as a skilled and true advocate. Pradeep has also become our friend and trusted advisor. When you need a real lawyer, he’s your guy.
I wanted to thank the lawyers at Chand Snider for defending me in my case. I was absolutely impressed with their work as a criminal defence lawyer. Although I hope I don’t require your services again for obvious reasons, I would recommend you in a heartbeat to anyone I know in need.
AT THE REQUEST OF CLIENT
When your business needs a tough and clever litigation lawyer, you can’t afford to compromise on quality. Pradeep is an extremely knowledgeable lawyer in various areas of law and creative in resolving many challenging situations. He provides prompt, expedient service, and is extremely comfortable to work with!
PRESIDENT, ANZANO PAVING AND GENERAL CONSTRUCTION
I have been around and used a number of law firms and lawyers over the years for various matters. This includes the top large firms and litigation boutique firms in Toronto. Chand & Co are as good as it gets. I would recommend Pradeep and Murray to anyone who has any litigation issues.