OHTA.ca

Hello.

I am sorry if this is the wrong category, as I find this site hard to navigate (novice).

Please I am looking for answers to questions and do not intend to get into a debate about if this is a correct course of action. I am just looking for straight unbiased information.

An acquaintance has a judgment against him for driving without insurance. It has gone into default, and his license has been suspended.

He refuses to pay the debt. He will absolutely not pay this debt.

At this point he is just being harassed by collection agents.

If he does not acknowledge or pay this debt what will happen? Will he just not be able to get a license for the rest of his life, or are there other ramifications to this?

jasoncrosby wrote:Hello.

I am sorry if this is the wrong category, as I find this site hard to navigate (novice).

Please I am looking for answers to questions and do not intend to get into a debate about if this is a correct course of action. I am just looking for straight unbiased information.

An acquaintance has a judgment against him for driving without insurance. It has gone into default, and his license has been suspended.

He refuses to pay the debt. He will absolutely not pay this debt.

At this point he is just being harassed by collection agents.

If he does not acknowledge or pay this debt what will happen? Will he just not be able to get a license for the rest of his life, or are there other ramifications to this?

Tell your buddy he is messing with the real mob, they will ream him a new one, license, credit rating.... you name it. he is tangling with the scum of the scum.

Sure that is agreed by everyone I know, but seriously what "legal" tactics do they use? Do they just keep harassing or ?

It will get to a point where they write off the debit if they are unable to collect. If the debit is large enough your "buddy" may expect to be sued for what is owed and wages can be garnished.

Keep in mind these people want their money and won't stop until they get it.

I don't know about the license portion but I would assume an unpaid fine will ban him from reinstalling his license until its cleaned up.

Hi.

So basically they can do nothing except for refusing to issue a license, garnishments, and stealing tax refunds if any. Is that correct?

Aside form suspending his licence, the fine will be treated like an unpaid bill. The city can put it against his credit rating and use civil collection methods such as collection agencies garnishments etc. Also some cities will add unpaid tickets to the offenders property tax bill. However an unpaid ticket will not result in any jail time. The only time jail might come into the equation is if your friend gets caught driving while his licence is suspended, a second offence for driving while suspended can result in up to 6 months in jail.

Jail is a possibility when a person defaults on a fine. Section 69 of the POA sets out the provisions dealing with defaults. You'll see that per 69(15), a JP is given the authority to incarcerate (after a hearing).

It is actually quite rare for JP's to incarcerate on such matters, since they try to give you a lot of leeway in paying. However, much like family law child support defaults, it does happen. Arrests as per warrants of committal are quite common for various defaults (e.g. contempt of court, immigration, family law, POA, etc.). Your friend should therefore factor this in.

Will being declared bankrupt help?

ynotp wrote:Will being declared bankrupt help?

How much could he possibly owe????

$6400

Here's the answer to my own question...

178. (1) An order of discharge does not release the bankrupt from

(a) any fine, penalty, restitution order or other order similar in nature to a fine, penalty or restitution order, imposed by a court in respect of an offence, or any debt arising out of a recognizance or bail;

jasoncrosby wrote:$6400

H.F. ! Bicycle time.

For that ticket, they may (probably) issue a warrant for your arrest.

My wife had a judgement from Alberta in the 90's. She was unable to get a license however she could buy cars. I paid the insurance on them and drove one of them.

I would get pulled over about once a month to check if it was her driving. She did not get any letters or anything about the bill. One day she was driving and

got pulled over, they took her car to the pound (I had to go to get it back) and served her with a notice to pay it up asap. (she did) around the same amount as your friends. So I would say that nothing will happen until your friend has an occasion to deal with the police. But at that time he will have to pay or visit jail and after that still pay. My advice is for him to go to the JP and make arrangements to pay. They are agreeable to almost any amount and as long as it is kept up, nothing else will happen, and he will be able to get a license.

It will go away when he dies though.

Cheers

Viper1