Chand & Co. has helped countless individuals and businesses collect on debts and enforce Judgments throughout Ontario. Chand & Co. provides a unique commercial and consumer debt collection service for businesses and individuals across all industries. As lawyers, we have more options in collecting debts than a collection agency and can litigate through the courts when necessary.
Managing Debt Collection
Managing debt collection is of fundamental importance to the success of any business. The implementation of an effective system is necessary. In Ontario there are procedures that impose complex restrictions on your ability to collect on a debt. Getting results and initiating the process of commencing or resolving a collection action through the courts requires a skilled litigator. At Chand & Co. we have years of experience in this practice area and our experience can go a long way in ensuring you get back what you are owed. One of the issues that must be addressed prior to commencing a lawsuit against a debtor is determining whether you are within your legal right to commence an action. In Ontario, the Limitations Act imposes a deadline of two years to sue for debt. If more than two years have passed since you last received payment on the debt owing, you may be statute barred from bringing an action against the debtor for the unpaid debt.
When you commence a lawsuit against someone, you do so with the expectation that if you are successful in court, you will be awarded an amount of money that will be paid by the other party. When considering whether to bring a lawsuit against a debtor, there are a few things that must be taken into consideration. First on that list is whether the debtor has a way of paying you back the amount that is owed to you. If the debtor does not have a job, money in the bank, or assets, such as real estate or a car, it may be better off not spending further resources and time commencing an action. The term “judgment proof” is used to describe a debtor that is financially insolvent and whose income and assets, if any, cannot be obtained in satisfaction of a judgment. Although this is not a defence to a claim, it makes the enforcement of a judgment extremely difficult.
Enforce Your Judgement
Getting awarded judgement in Ontario courts is often only the beginning of the process. Enforcing a judgment on the other hand can be frustrating, difficult and time consuming. An examination in aid of execution is often conducted which serves as a remedy for a creditor who has obtained a judgment against a debtor. At an examination in aid of execution, documents are provided by the debtor showing their finances, assets and debt. At this stage, the creditor has an opportunity to ask questions to the debtor under oath and in front of a court reporter to determine the debtor’s ability to pay on the judgment. The debtor is often hesitant to cooperate and a lawyer with experience in this area will know how to ask the right questions to get the best results.
Another option to enforce your judgement is having a writ of seizure and sale of land issued and filed with the court. A writ of seizure and sale of land can be filed against a debtor in any county or district where the debtor may own land. The writ not only serves to encumber any land presently owned by the debtor, but also where land may be purchased by the debtor in the future. Having a writ of seizure and sale of land filed in the jurisdiction where the debtor owns land can be effective in the long run making it difficult for the debtor to sell or remortgage their home without paying off the judgment.
A notice of garnishment can be issued and filed with a court and is another effective means of enforcing a judgment against the debtor. The notice of garnishment will have the information of the garnishee along with their address and the amount owing. The garnishee can be an employer, bank or someone who owes money to the debtor. Wage garnishment is the process of deducting money from the debtor’s salary through their pay cheque. Wage garnishment will be sent to the court by the debtor’s employer until the debt is entirely paid off and it is legally binding on the employer to fulfil their obligations as the garnishee. If the employer fails to comply, there are options that allow a creditor to sue the garnishee for the full amount of the debtor’s judgment.
Why Work With Us
hearings, trials &
$10 million +
In judgements obtained
expertise in high-value
THE CHAND & CO. ADVANTAGE
At Chand & Co., we offer legal services in debt collections for individuals and businesses.
The right strategy in a collection action makes all the difference. You need lawyers who are creative problem solvers and have the experience required to helping pursue your interests. We offer our clients top quality legal representation and use a variety of tools and mechanisms for enforcing your judgment and ensuring that you get the recompense you deserve.
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.