Understanding Collections in Canada
| What Happens |
Timeline |
| Original creditor |
You miss payments |
| Internal collections |
Creditor tries to collect (0-6 months) |
| Sold to collection agency |
After 90-180 days typically |
| Collection calls begin |
Once agency receives account |
| Credit bureau reporting |
Collection appears on credit report |
Your Rights When Dealing with Collections
Collection Agencies Cannot:
| Prohibited Action |
Regulation |
| Call before 7am or after 9pm local time |
Provincial law |
| Call on statutory holidays |
Provincial law |
| Call your workplace after being told not to |
Provincial law |
| Threaten or harass you |
Criminal Code |
| Provide false information |
Provincial law |
| Contact you if you have a lawyer |
Must communicate through lawyer |
| Add unauthorized fees |
Can only collect contracted amounts |
| Garnish wages directly |
Requires court judgment first |
Collection Agencies Can:
| Permitted Action |
Notes |
| Call you at home |
Within permitted hours |
| Send letters |
At your address |
| Report to credit bureaus |
Legitimate debts |
| Sue you |
If debt is valid and within limitation period |
| Negotiate settlements |
Often accept less than full amount |
Statute of Limitations by Province
| Province |
Limitation Period |
| Ontario |
2 years |
| BC |
2 years |
| Alberta |
2 years |
| Quebec |
3 years |
| Nova Scotia |
6 years |
| New Brunswick |
6 years |
| Manitoba |
6 years |
| Saskatchewan |
2 years |
| Newfoundland |
6 years |
| PEI |
6 years |
After limitation expires: Collector can still ask for payment, but cannot sue you to collect.
Step-by-Step: Dealing with a Collection Call
Step 1: Don’t Panic
| Do |
Don’t |
| Stay calm |
Agree to pay immediately |
| Take notes |
Provide banking info on first call |
| Get information |
Make promises you can’t keep |
| Ask for verification |
Ignore the call completely |
Step 2: Request Debt Verification
| Ask For |
Why |
| Original creditor name |
Confirm legitimacy |
| Account number |
Match to your records |
| Original amount |
Know what you actually owed |
| Current balance breakdown |
Interest, fees itemized |
| Written verification |
Required within 5 days of request |
Step 3: Verify the Debt Is Yours
| Check |
How |
| Is it your debt? |
Match account details to your records |
| Is the amount correct? |
Review original statements |
| Is it within limitation period? |
Check your province’s limit |
| Has it been paid? |
Check your bank records |
Step 4: Decide Your Strategy
| Situation |
Strategy |
| Debt is valid and recent |
Negotiate payment or settlement |
| Debt is old but within limitation |
Negotiate settlement (may accept 30-50%) |
| Debt is past limitation period |
Know your rights, consider ignoring |
| Debt is not yours |
Dispute formally |
| You cannot pay at all |
Consider credit counselling or insolvency |
Negotiating with Collections
Settlement Offers
| Typical Settlement |
Scenario |
| 50-70% of balance |
Recent debt, lump sum available |
| 30-50% of balance |
Old debt, lump sum available |
| Full balance over time |
Payment plan, no settlement |
How to Negotiate
| Step |
Action |
| 1 |
Start lower than what you can afford |
| 2 |
Get any agreement in writing before paying |
| 3 |
Request “pay for delete” (agency removes from credit report) |
| 4 |
Pay by cashier’s cheque or money order (paper trail) |
| 5 |
Keep all records |
Sample Settlement Letter
| Item |
Details |
| Your information |
Name, address, account number |
| Settlement amount |
“$X as payment in full” |
| Agreement terms |
Debt will be reported as “paid” or “settled” |
| Written confirmation |
Required before sending payment |
Impact on Your Credit Score
| Action |
Credit Score Impact |
| Debt goes to collections |
-50 to -100+ points |
| Collection account reported |
Stays 6-7 years |
| Paying the collection |
May not immediately improve score |
| Pay for delete success |
Removes negative item |
| Debt settlement (without deletion) |
Still shows as negative item |
Disputing Invalid Debts
With the Collection Agency
| Step |
Action |
| 1 |
Send written dispute letter |
| 2 |
Request verification of debt |
| 3 |
Agency must stop collection until verified |
| 4 |
If not verified, must stop collection |
With Credit Bureaus
| Step |
Action |
| 1 |
File dispute with Equifax and TransUnion |
| 2 |
Provide evidence debt is invalid |
| 3 |
Bureau investigates (30 days) |
| 4 |
If verified incorrect, removed from report |
When to Get Help
| Situation |
Help Type |
| Multiple debts |
Credit counselling (free) |
| Can’t afford minimums |
Debt management plan |
| Overwhelming debt |
Consumer proposal |
| No way to pay |
Bankruptcy (last resort) |
| Being sued |
Legal advice |