Frequently Asked Questions

questions


 

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.

 

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.

 

 
You have probably already tried making demands on these individuals, either by text, phone, or letter/email.  It is important not to flood these individuals with aggressive phone calls.  If you make a threat (say to send to collection agency) it is always important to follow through.  Otherwise, you could lose credibility with the Debtor and risk them losing respect for you and your firm.  Sending two to three sincere but powerful messages to the Debtor is usually a good start.  

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.

This shows that you are taking a serious stance regarding repayment of your account and are following through with all demands you have outlined.  This is the most powerful stance a creditor can take in negotiating repayment before sending to an agency.  Please also keep in mind that should the Debtor pay your account within the given five (5) days, IRS will close the collection with no charge to you.
 

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.  And we highly recommend this approach if the Debtor does not make repayment arrangements but has the ability to do so.  Our in-house legal staff is able to file any documents on your behalf. Please contact a sales agent for more information on this.  

 
Small Claims (Provincial) Court: Small Claims or Provincial Court is regarded as "The Peoples Court”.  Any debt under $25,000 can be filed and sued in Provincial Court.  Any debt over and above this amount must be registered in Supreme Court.  All filing fees paid at the court house are attached to the judgment amount.  However, any Legal Fees (lawyer Fees) associated with filing in Provincial Court are unrecoverable (which is not the case in Supreme Court). 
 

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 written 8 days 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, of course you can ask for a Rush Skip Trace to be performed.  There most likely will be additional fees applied (as the tracers will need to hold off on what they are doing in order to work on your request). However, if your action needs the attention and detail of sooner results, not a problem.  Let one of our agents know the time frame of your request and we can get started for you right away.

 

 

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.