Debt Collection and Creditors Remedies

Debt recovery can be a complicated and unpleasant process and debt collection laws can be particularly challenging to make sense of, but there are tools available to you.

Helping You Navigate the Most Complex Debt Recovery Scenarios

Working with a debt recovery lawyer can help you to decipher the process and make use of the debt collection tools available to you. We can help to expedite the process and pass any potentially unpleasant interactions to our debt recovery team to handle them. McQuarrie can assist businesses, individuals, and institutions in the recovery of secured or unsecured debts. Our experience includes working with private debt collection agencies, and we pride ourselves on being effective and providing pragmatic advice.

Debt Collection and Creditors Remedies Services

Our comprehensive Canadian debt collection services are designed to meet the needs of all of our commercial clients, including those who must operate under collection agency laws. Our lawyers are experienced in all areas of collections and creditors’ remedies, including:

  • Unpaid Trade Accounts: Trade laborers and organizations deserve compensation for their services, and these accounts can be pursued legally if normal recovery is proving impossible. Even though court orders are not difficult to pursue in these cases, a letter from a lawyer alone can often have a powerful effect.
  • Personal Guarantee Actions: Unsecured loans such as personal guarantees can leave some borrowers with little incentive to repay their debts immediately. In Canadian collection laws, protections exist even for unsecured loans. Our lawyers can help you seek the most relevant legal remedies.
  • Promissory Notes: Promissory notes have some strict limits on collection, and in fact, may not be enforceable at all after only a couple of years without action. If you have a promissory note that needs enforcement, you should contact a lawyer as soon as possible. A loan given on a promissory note can quickly become a gift.
  • Demand Loans: Demand loans can theoretically be called up for payment at any time, though that isn’t always how they work in practice. If you need assistance enforcing a demand loan or understanding the legal terms under which payment can be demanded, you can speak to our lawyers.

There are many types of liens, from builders’ liens filed against land at the Land Title Office to security interests over personal property at the liens over personal property at the Personal Property Registry. The law requires that precision to these filings and the team at McQuarrie can help to ensure that you have protected your interests.

Foreclosure is the legal process for enforcing a mortgage. In BC foreclosure is a court-regulated process where the lender (mortgagee) seeks an order permitting it to sell land to repay money that was loaned and secured by the mortgage. McQuarrie can provide lending institutions, banks, credit unions, and private lenders with pragmatic advice and the prompt and efficient enforcement of a mortgage.

Other Services

  • Mortgage Enforcement

  • Personal Property Enforcement

  • Lien Registration

  • Personal Property Security Act (PPSA) registration and enforcement

  • Creditors’ remedies

  • Bankruptcy and restructuring matters

Common Reasons to Reach Out

Collecting unpaid debt

We provide clients with an understanding of how to collect a debt within their range of legal options and a realistic assessment of the relative risks, costs, and likelihood of success for each available option.

Unjust enrichment claims

Commonly occurring when a party performs services without a contract, unjust enrichment claims arise when a party performing services is not compensated. The lawyers at McQuarrie can help you navigate the process of recovery through unjust enrichment claims.

Property liens

Monetary judgments can be enforced through liens against property belonging to a business or an individual. If you are seeking to collect unpaid debt, the team at McQuarrie will be able to guide you through this challenging process safely.

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