Collections Law/Small Claims

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Expert: Michael Brotherton - 7/5/2007


Question
Hi Michael:
(I am also an expert here on 'all experts').
I hope you can help with this.
How do I (as a U.S. citizen) take a Canadian landlord (in Toronto Ontario) to small claims court?
(It's a long sad story, we wired $595 Canadian to someone to hold a rental room for our son, who is there working an internship with a design firm.)
Thanks for any help you can offer.

Answer
I am not an expert on international collection laws but I would bet a dollar to a doughnut that you must file suit in the county or city in which he resides or does business. This can be a problem because of the cost. You would probably have to hire an attorney there or otherwise have a representative to file the suit. In many cases you would not be able to recoup any collection expense or reimbursement for court costs unless you have a signed agreement with him consenting to this.

Sometimes it is best to bite the bullet and move on, however if you want to do your homework contact their local courts find out their procedure and costs. I would say your presence may be required if you file suit. Consider the expense vs success. Is it worth the costs?

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Michael Brotherton

Expertise

Consumer/Debtor Rights Advocate. Mike Brotherton is a negotiator with over 30 years experience in consumer lending and collections. Mike has 30 years in the credit and collections industry as a former loan officer, debt collector and manager of two finance companies over several years. Mike is well versed in Loss Mitigation practices and the legal collection process. He has helped literally thousands of people over many years overcome serious financial problems such as foreclosure, creditor lawsuits and abuse by debt collectors. For more information about resolving your "financial emergency" visit www.financialemergency.com. FinancialEmergency.com is a consumer web site which actively promotes Fair Debt Collection Practices and other consumer protection laws. We teach DEBTOR RIGHTS and enforcement of those rights. The more informed you are of your rights and the credit collections practices of creditors the more peace you can have dealing with your FINANCIAL EMERGENCY. Most financial problems are fairly common and as such have some very common solutions. The key is understanding your rights in the collection process and how to enforce them if need be. Primary business- Debtor Rights Advocacy and Debt Mitigation relating to foreclosure, creditor lawsuits, and other serious financial problems. www.financialemergency.com (copy and paste in browser).

Experience

Over 40 years combined experience negotiating disputes and resolving financial issues related to consumer debt, corporate issues and mortgage modifications.

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