At Chand & Co., we have a strong debt collection team that can handle everything about debt collections. We will help you determine whether a debtor has assets, where the assets are located, and whether the debtor has fraudulently conveyed or hidden the assets. Our debt recovery lawyers pursue cost-effective debt recovery strategies. We have what it takes to provide a debt collection process to individuals and businesses across all industries.
Managing Debt Collection
Managing debt collection is crucial for every business. Proper debt recovery management mitigates the risk of bad debts, ensures a business has healthy cash flow, and enhances financial stability. It is a crucial part of managing your individual or business finances by ensuring that you recover the money rightfully owed to you. However, debt collection in Ontario can be challenging, given the intricate restrictions on your ability to collect on debts. If you intend to commence or resolve a collection action through the court, you need the help of an experienced debt collection lawyer. Our lawyers at Chand & Co. are always willing to go the extra mile to ensure you receive what you are owed.
Before we commence a lawsuit against a debtor, we will help you determine whether you have a legal right to commence the action. According to Ontario’s Limitations Act, you have two years from last receiving a payment for the outstanding debt. If more than two years have passed since you last received a payment from the debtor, you might not have the right to bring a lawsuit against the debtor for the debt owed.
The sole purpose of initiating a lawsuit against the debtor is to receive a payment. If you prevail in court, the court orders the debtor to pay you a sum of money. You must consider several factors before you decide to bring a lawsuit against the debtor. First, you must consider if the debtor is capable of repaying the debt. If the debtor has no income or assets that can be disposed to repay you, it’s best not to commence a lawsuit against them. Judgment proof applies if the debtor is financially insolvent and does not have sufficient assets to cover the debt. Judgment proof is not a defence. However, it makes it almost impossible to enforce a judgment.
Enforce Your Judgment
You should not celebrate just yet when you are awarded judgment in Ontario courts. Enforcing a judgment is the hardest part, which is not only frustrating but also time-consuming. This process involves examining aid of execution. The debtor provides documents outlining their debts, finances, and assets. As the creditor, you will have an opportunity to question the debtor under oath in the presence of a court report. This questioning gauges the debtor’s ability to pay. Most debtors do not cooperate during this process. You need an experienced Ottawa debt collection lawyer to question the debtor on your behalf.
A writ of seizure and sale of land is another way of enforcing your judgment. You can file a writ of seizure & sale of land against the debtor in any district or county where the debtor has land. This writ encumbers any land owned by the debtor and any land the debtor may purchase in the future. The strategy of having a writ of seizure and sale of land is effective because it binds the debtor in the long term. The debtor cannot sell or remortgage the land without first paying off the amount owed to you.
Another effective way of enforcing a judgment against the debtor is by having a notice of garnishment issued and filed with the court. The details included in the notice of garnishment include the garnishee’s details, including their address and the amount owing. The garnishee can be the debtor’s employer, financial institution, or any other party that owes money to the debtor. Wage garnishment involves deducting money from the debtor’s salary or paycheck. The court can authorize the employer to fulfill the obligation of the garnishee. The employer remits the amount deducted to the court until the debtor pays off the loan in full. If the employer receives a wage garnishment order but fails to effect it, the creditor can file a lawsuit against the employer. A creditor can sue the employer for the entire amount of the debtor’s judgment. As the creditor, you will need the guidance of a debt collection lawyer to exercise this legal right.
Why Work With Us
hearings, trials &
$10 million +
In judgements obtained
expertise in high-value
THE CHAND & CO. ADVANTAGE
At Chand & Co., we have built a solid reputation as Ontario’s go-to debt collection lawyer. Our experienced lawyers will help you navigate the complex debt laws with ease and recommend the best options for you. We recover debt for large credit granters like banks and small credit granters, including individuals. Our lawyers understand all aspects of debt collection. They will take the necessary steps to make your debtors pay, including initiating legal action. Contact us today for reliable legal representation.
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.