Bailiffs: Bailiffs are able to seize on any secured asset through either a Personal Property Agreement, Mechanics Lien, etc. If the asset does not have a secured lien, then a Bailiff is (by law) unable to reposes that asset on your (the creditors) behalf.
Court Appointed Bailiffs: Court Appointed Bailiffs are able to seize any secured assets, same as an ordinary Bailiff. However, Court Appointed Bailiffs are also able to enforce Writ’s on the courts behalf. Should you wish to seize any assets through a Writ, a Court Appointed Bailiff has the authority through the courts to go about doing so. Court Appointed Bailiffs have the authority to seize assets which do not fall under security agreements; close down and effectively seize all assets at banking institutes; and also take Undertakings from employers.
Accounts do not age well. We recommend listing your account the moment you know it has gone bad. The general recommendation in all industries is 60 – 90 days. Most major creditors will either stop extending credit after 60-90 days (credit cards) and will send bailiffs to repossess a vehicle (car loans) after 60-90 days of no payment. Listing accounts within 60-90 days will ensure a much more effective outcome with the collection of your account.
Of course if you feel
that your account will not be paid within this time, we always suggest sending
it as soon as you know the account is going to not be paid. Waiting too long to list your account can be
detrimental to the collection process – especially with corporate
accounts. Many times a corporation can
shut their doors and quickly shut down. If you are not one of the creditors making serious demands during these
periods you risk losing out on the collection of your account.
If they still refuse to pay after 60-90 days, then try sending a final demand to the consumer (Debtor) notifying them that x period of days has passed since their last payment (or invoice was rendered) and your office has still not received reasonable repayment methods outlined to you. Due to the fact that the Debtor has not responded to your initial demands, your office now has no other option but to send the account to a collection specialist. Namely, In House Receivable Services.
Include the address and contact details of In House Receivable Services on your final letter. Send a copy of your letter including the date it was sent to IRS, the same day it was sent to the Defendant. We will input your information immediately into the IRS system. If the Debtor has not responded to you after five (5) days then IRS will immediately pursue the account for collection/repayment.
1.) First we require a signed contract from any creditor before the collection process can start. The Contract is legally required as part of the Consumer Protection Act. A contract can be delivered to you at any time from one of our sales agents.
2.) A copy of your Invoice, Statement of Account, or judgment, showing the full amount owing including all interest charges. If interest is being charged to the account any agreements for interest will need to be supplied.
3.)
Any and all pertinent information regarding your Debtor(s). This includes: Full Name, Date of birth and
Social Insurance Number, any and all known addresses, telephone numbers and
emails, place of employment, emergency contacts, agreements for interest, etc. Of course if you do not have all of this
information, no problem! we will be able
to access this information once the collection is started. However, the more information provided from
the initial listing will provide more leverage for the collection and repayment
of your account.
- Yes you can sue a debtor providing the debt is less than 2 years from the date of last payment, date of invoice if no payment ever made, or acknowledgement of debt. In some provinces the courts will not accept acknowledgement of debt.
Supreme Court: Supreme Court is generally accepted as a court for the litigators. Where Supreme Court Actions are involved, we suggest having the appropriate lawyer for the job. You do not want to find yourself as a "Lay Person”, meaning representing yourself, in Supreme Court. This is a court generally dominated by Barristers and Litigators. If you are having trouble finding the appropriate Lawyer to litigate for you, please feel free to let us know. We have Lawyers on retainer at IRS with extensive collection background able to work alongside collection and skip tracing staff.
It is a common misconception that the only negative
consequence for non-payment of a debt is poor credit score rating. The reality is that outstanding debt affects
more than just your credit report and can even result in the creditor taking
legal action.
Yes, and these trust accounts are monitored closely by our
governing legal body.
Once monies have been collected on your behalf any funds
owed to you (from our Trust Account) will be sent to you by cheque on the 25th
of each month. Therefore, you have funds
delivered to you before month end!
Upon listing your accounts with IRS you will be supplied
with a client reference number and login password. You can access a full update at any time by
visiting our website, irscollections.ca, clicking on the Login button and
signing in. All of the accounts you
currently have listed with our office will be displayed and updates provided by
the collector on each account.
Legally, we are obligated to provide a written 5 day notice to the debtor or consumer. Many times an outstanding receivable will only take a few days to collect. With the appropriate leverage and information a collector is able to effectively renegotiate repayment of your account immediately.
However, many times a debt can take much longer to
pursue. Many times the Debtors situation
changes and we can then go about making demands for repayment. The collector will know from the first call
whether a debt will be collectable or uncollectable. Many times waiting a few weeks (or months)
and renegotiating with the debtor again is enough to collect. So please be patient; not all debts are
created equal. Debts are very much like
a fingerprint. Each extremely diverse
from the next.
Legally, interest can only be collected if there is an
agreement for interest between the creditor and the consumer. If you do not have a clause for interest in
your contract or retainer please let us know and we would be happy to provide
an outline to you of what is needed. If
an agreement for interest has been signed, then a copy (or date) of when the
agreement is signed will also need to be supplied.
Bailiff fees are charged on an hourly, per kilometer
basis. A fee for the initial seizure is
further attached. Locating the asset is
usually the most difficult part. The
Bailiff only attends to the seizure once the security has been located. In some instances, transport fees are also
applicable. Transport fees are dependent
on the size of the security and its location.
In some instances the asset is located in another jurisdiction from where it was initially purchased - this is why Bailiffs are always friends. IRS is able to repossess any asset, across Canada.
It would not be smart of course for a bailiff to charge you
for driving from Vancouver to Calgary. For this reason we keep a very close relationship with many of Canadas
major Bailiffs. Should the asset be
located in another jurisdiction, IRS will manage the task and make sure
appropriate arrangements are made to secure the asset and locate
accommodation. All the costs of doing so
are kept within budget and to the creditor’s instructions.
ANY AND ALL INFORMATION. This includes: first, last and
middle name; date of birth or SIN, last known address, telephone numbers,
emails and other forms of contact, last known place of employment, aliases,
friends or family members. ANY AND ALL
INFORMATION you have will aid in the success of your trace. Of course if you do not have access to this
information we can find it for you – many times with just a name or a clue to
work from.
Yes. We provide Rush Skip Tracing services. Our rush locate fee is $125.00. Asset investigation fees are on a case by case basis.
Generally, a skip trace is performed to locate a missing
person, uncover assets, or locate sources of Garnishee. Contact information is provided – including
any known addresses, any known telephone numbers, and any known emails. Credit details of any Defendant is also
obtained and outlined to the creditor. These will include all assets and liabilities and other debts which
could affect your collection; Family Maintenance and Owing Tax being just a
few. If you do require specific
information outside of this scope please contact one of our agents
directly.
Yes, One of our highly trained and experienced Consultants are able to make a time to visit with your office and walk your team through the collection process. This includes: How to deal with delinquent clients or customers, when to send demands and how to approach, how to locate leverage in order to collect, what are the legal rights of a consumer, what are the legal rights of a creditor, etc.
Our highly trained Consultant is available to meet with you
and your staff at your convenience. Seminars and training sessions are available any day of the week. We will stay with you and your staff until
you are satisfied with the knowledge they have gained.
If you are in a business where you are extending large amounts of credit it is important to take the right steps from the very start of the deal. If a certain clause is left out of an agreement or certain information is not requested of the consumer before extending credit, you could find yourself in rough waters once the consumer has left with the credit. Being aware of the process from start to finish is detrimental to extending credit. We call it "starting with the end in mind”.
Our Consultants and seminar staff are eager to sit with you
and your team to outline any and all areas which your business could be
affected by. Call now to speak with a
consultant.
Yes, you have 1 year from the date of the court stamp to
effectively serve your Defendant (or Defendants). After this time your action will expire and
you will no longer be able to pursue. If
the date of your action is soon to expire notify an IRS representative
immediately.
Many times a Defendant or action to a party is unable to be served due to the simple fact that they are either out of the country or hiding under a rock. Most times an IRS agent is able to locate these individuals, either under the rock they are living in or residing outside of Canada.
Applications can be made to the court for what is called a "sub-service order”. These applications need to prove to the courts that you exhausted all avenues in serving your parties. We can supply you with a number of tools at this stage, including:
A) Affidavit of Attempted Service: outlining the Process Servers attempts at locating and attempting service on the individual, or:
B) Affidavit: outlining from the skip tracer responsible that he or she effectively tried to locate the individual and tried contacting that individual. On every Affidavit a source will be provided where documents can be delivered (should the individual be evasive). The Affidavit will outline either a family members home, a confirmed home or employment address for the individual, or any other locations where we believe a Defendant would become aware of proceedings.
Attaching to the courts both an Affidavit (A) and an Affidavit of Attempt (B) from one of our skip tracers or process servers will outline to the courts the exhaustive avenues you took to locate these individuals before applying for a sub service order.
Our Bailiffs can
cover all of British Columbia.
Yes. IRS can
provide transport to deliver recovered assets to a designated location.
Yes we offer
sales services and marketing for a Commission fee contingent upon the sale of the unit.
Yes. IRS will do
repair man lien seizures providing the paperwork is correct and the lien was
filed properly.
Yes. At IRS, we
want our Clients to have the ability to recoup any unpaid billing and to be aware of the correct process.
Generally, most skip traces are returned to you within two
(2) weeks of the day it was listed. Some
traces however due tend to be more complicated, and extra time may be needed in
weeding out these hard to find assets or individuals. Genealogy locates can sometimes take much
longer due to the nature of the locate.