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Are collection agents threatening to come and take your furniture? Are they calling you endlessly at home or at work? Are they leaving messages with your neighbours or your children?

Their calls are designed to embarrass you into paying. The question is; do they have the right to take your furniture? The answer is; yes in some cases, but most often the answer is a definite NO.

Know Your Rights

Before you let anyone into your home you are entitled to a copy of an Order of Seizure and Sale of Goods. This Court Order will have a number on the top right hand side of the front cover. You need to call the court office that issued the order (the address is also on the front cover), and confirm that it was actually written by them.

A woman called me frantically one day and said the Bailiff was loading her furniture onto a truck. She wanted to know what could be done to stop them. I asked her to put the bailiff on the phone. I asked the Bailiff for the number on his Court Order. He didn't have one, so I told him to put the furniture back or face charges of theft. He put the furniture back after some lengthy discussion.

His argument was that the woman freely let him into the house so he had the right to take the goods. She said he pushed his way in. If anyone pushes their way past you to enter your home, you should call the Police and have them charged with assault.

It was reported in the Law Times on January 8, 2001 that a Collection Agency was sued for representing himself as the Provincial Government, Contacting the Plaintiff's employer, and incessantly calling him at his workplace. The Plaintiff was awarded $25,000.00 in damages. Frankly, I would like to see a lot more cases like this.

If you are being harassed, the Police can charge that Agent under the Criminal Code, and you can sue for defamation of character, intentional interference with economic interests, emotional suffering and invasion of privacy.

Cheapest way though, is to pay your bill on time.

If you're unable to pay your bills on time, it is likely a signal you need some help dealing with your debt load. Don't delay.

Good luck.