USA Debt Collectors in Canada

I should mention, I am a Canadian citizen. No intention of ever moving back to the USA. Thanks

From what I have read, if they get a judgment against yo in the USA it can be enforced in Canada......

Canada: Q: Are the Injunctions of Non-Canadian Courts Enforceable in Canada?
26 January 2007
Article by Peter Ruby

In an important recent change to Canadian common law, in Pro Swing Inc. v. Elta Golf Inc.1, the Supreme Court of Canada unanimously concluded that it was now time to allow injunctions issued by non-Canadian courts to be enforceable in Canada, in appropriate circumstances, because "[m]odern-day commercial transactions require prompt reactions and effective remedies. The advent of the Internet has heightened the need for appropriate tools."

Historically, the Canadian common law provided that a foreign judgment was not enforceable unless the judgment was for a debt or a definite sum of money, among other factors. As a result, for example, a U.S. court could award damages for intellectual property infringement that would be enforceable in Canada, but a Canadian court would not enforce a U.S. injunction prohibiting the defendant from continuing to infringe the plaintiff???s rights in Canada. With the release of the Supreme Court of Canada???s decision in Pro Swing2, however, a final judgment of a foreign court for non-monetary relief, including orders for injunctive or specific performance relief, may be enforceable in Canada.

Although the Supreme Court did not develop an exhaustive list of criteria a court should take into account when deciding whether or not to enforce foreign non-money judgments, the Court outlined general conditions for enforcement. As a result, when attempting to enforce such judgments in Canada, you should be aware that the following conditions will apply:

* The order must be rendered by a court of competent jurisdiction

* The order must be final

* The order must be of such a nature requiring a Canadian court to enforce it. Considerations include the extent to which the order???s territorial scope is explicit, specific and clear, and whether the denial of recognition and enforcement of the foreign order would leave the applicant without a remedy and taking into account principles of judicial economy

In addition to the above conditions, lower courts were instructed to incorporate "the very flexibility that infuses equity" and exercise "the discretion that underlies equitable orders" when deciding whether or not to enforce foreign non-money orders. In light of the very general guidance provided by the Court, it remains unclear in exactly what circumstances a particular order will be enforceable.

Therefore, if you want a non-Canadian court order for non-monetary relief to be enforced in Canada, you may wish to have the order structured in a manner that maximizes its chances of Canadian enforcement. Conversely, a Canadian at risk from a foreign court order may wish to take into account the possibility that the order could be enforced in Canada.

Does anybody else have any advice? they contacted my parents again today, even though they were asked not to contact again. From what I understand from the "Fair Debt Collection Practices Act" a Contact another person more than once.

I got a little lost in my previous post. In order for a debt collector to sue you, you must be served with a summons giving you the right to appear in court. Seeing as you are out of the country, that is not possible and therefore, there is nothing they can do to you right now.

My previous post has to do with if you already had a judgment in the USA and moved to Canada, THEN they could collect on it in Canada.

As far as your parents, they have to send a cease and desist letter stating that the person they are trying to contact does not live at that address, phone number. They probably should state in the letter that you are not a citizen of the United States, if that is the case, otherwise state you are not residing in the USA and that you have no intentions of returning to the United states. State all contact by phone and mail must stop.

That's about the basics, tell them to send it certified return receipt requested. Once they get that letter, they cannot call anymore, if it was the debtor sending it they can contact that person per the FDCPA. Seeing as your parents are not the person they are looking for no more contact is allowed. If they do call your parents can sue them per the FDCPA.


It would also be wise for them to make 2 copys of the green card filled out before they mail it. This way they have a before and after it was signed, I usually tell people to copy it on the bottom of the page of debt validation letters.


Hope this helps.

Thanks so much, you advise is very helpful. I will pass it along to my parents.

Sueing across borders has become more and more common. Collection agencies have offices internationally and the debt can be transfered. Do a google search on International collections...you will find lots of agencies and attorneys who specialize in just this.

So essentially, if my parents send a C&D letter, they will not be contacted again in the future otherwise it is in violation of FDCPA correct?

I will deal w/ them on my own once I have contact information and a perm. residence. However, I currently do not and don't want to have anybody else harassed by this. If they cannot find me, they cannot sue me...

Thanks everyone for your help.

FDCPA doesn't provide a means for the parents to cease & desist. CA's are allowed to call for location information as long as they "reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information." If your parents won't give your whereabouts, they can keep calling.

Beside, you could quote the FDCPA all day long. Those are laws/rights provided to US citizens. If they were violating FDCPA, you would need to sue them in a US court as a US citizen.

Ok DebtCruncher... as a Canadian Citizen what can I do then?

Being a US citizen is irrelevant.....I am not a US citizen. I am a Canadian living in the US and the FDPCA still covers me.

However, from Canada there is not much you can do. If your grandparents are refusing information at your request, you yourself have dirty hands. You would have to disclose your whereabouts to take any action.

[quote=Debtcruncher]If they were violating FDCPA, you would need to sue them in a US court as a US citizen.[/quote]
Alright, scratch "as a US citizen." My point is that FDCPA covers people who actually live in the US; its rights and privileges don't extend across the border. Even if it did, to sue over it, it would have to be in a US court.

Guest, here's my solution:
1) Have your parents give them (or you call and give them) your address and phone. Then they can call you instead of your parents. After the have your correct info, then they legally should not be calling your parents anymore. If they did, then it would be against the FDCPA.
2) For $3000 I highly doubt they'll chase you into Canada to sue you there. That really is a relatively small balance. Heck, I've got customers that owe me $10K and live a block away from my office, but it's not worth suing them. So call them and tell them you're not going to pay.