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Collection Practices

Bob purchased a bedroom suite from a neighborhood furniture store. When he missed two payments the store hired a company to collect the amount owing. He was surprised when a collector from a collection agency appeared at his door.

Bob should have realized that missing payments for the bedroom suite entitles the furniture store to act on its own, or to send a collector to collect the amount owing.

However, he and you have certain rights when a bill collector comes knocking at your door.

Your Rights

It is against the law for a collection agency to:

A collector must give you his or her name, his or her company’s name, and the name of the business or person who is requesting money and the balance owing, and may not request more than what is owed. Service fees for collection agents cannot be added to the sum owing unless the law provides for it.

If you decide to make a payment to the collector, ask for a signed receipt. The receipt should be dated and include the name of the business or person requesting payment and the amount paid.


Repossession

Repossession is the act of re-claiming goods purchased on credit, for which payment is past due. Any repossession of goods must be done in accordance with The Consumer Protection Act.

If goods you have purchased on credit are repossessed due to default, you must be given a written notice within 48 hours (not including Saturday, Sundays and statutory holidays) telling you;

NOTE: Repossession must be performed by a licensed collection agent or the creditor. Check with the Consumers’ Bureau to see if a collection agent is licensed.


Having Repossessed Material Returned

Merchandise that has been repossessed will be returned if you:


Court Judgments

If you fail to pay a debt, you may be required to appear in court where a judgment will be made on how you should make payment. If you fail to respond to the request to appear in court, a judgment may be granted in default. A court judgment may be enforced in a number of ways, including the following:


Questions?

If you have any questions regarding collection practices or repossession, contact:

Consumer Protection Office
302-258 Portage Avenue
Winnipeg, Manitoba R3C 0B6

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