Expert: Mark C. Robins - 1/23/2009

Question
My question is when do you know that a collection agency has taken things to the point of harassment?
My Mother is 60 years old.  She is on a government pension and earns less than $800.00 per month.  She has had health issues which have made her have to retire early.  
When she was working she signed an auto loan with TD Canada Trust.  She is the only person on that loan. Later on she also signed a joint auto loan with me through Scotiabank. (as I did not have the credit to sign on my own at the time.)
Her TD Canada Trust auto loan has now gone into collections.  When we told them to take back the car (the collateral on the loan) we were informed that the car was not worth what was owed on it at the time and they would not be coming for it.  
For the past year she has had calls from a collection agency requesting that she pay what is owed. However, this past month she has been calling me, after speaking with them, in tears as they claim that they will now be coming after me and my car.  I have spoken to Scotiabank and was told by them that no one can come after me or my car.
Now these people have gotten it to the point where my mother believes that she will be sued and thrown in jail because she cannot pay.  She is worried that they will create problems for me and my job.
When does it become harassment?

Answer
if this is Ontario then speak to a lawyer and have him write to the collection agency directing all communication to his office under the collection act once this is done they can no longer call your mother.
You can get a free referral to a lawyer at
www.lawyerlocate.ca