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Can US collection Agency force a canadian to pay

Date: Tue, 06/09/2009 - 18:33

Submitted by anonymous
on Tue, 06/09/2009 - 18:33

Posts: 202330 Credits: [Donate]

Total Replies: 1


I live in Canada. I purchase a vacation membership in Mexico but somehow have a hard time to pay the balance. The clud send my file to a US collection agency. the agency left a message to call back. I did call back and tried to make arrangement to pay what I can afford but was told to pay everything at once. My wife also called to arrange a payment plan but was told the same thing and threatened with big interest. Since no agreement was made they were harrassing us with everyday call but I stop calling back. The last message for me was a threatening message. Now I recieve an e-mail threatening my credit rating. I don't care if I have a bad credit rating in the US. Can they do that here in Canada. Can they force me to pay them? I would rather deal with the club.

I appreciate everybody's input on this.
Sunny


[quote]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 wh[/quote]at 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.


lrhall41

Submitted by SOAPLADY on Tue, 06/09/2009 - 19:51

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