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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I used McQuarrie for the documentation on the property transfer and mortgage on my first home. Joe Berta and his Conveyancer, Tanya, were excellent throughout the process. They went above and beyond to resolve a mistake on my Realtors’ end. I would use McQuarrie again and recommend them without hesitation.

– Matthew E.

We hired McQuarrie when we were expecting our first child and needed to complete our wills, appoint a health representative, and power of attorney. Everything was delivered in a timely manner, and we are more than happy with the overall experience and final deliverables.

– Kyle F.

Jacy Wingson, QC from McQuarrie, was recommended to me by my previous lawyer, who retired as the best estate lawyer he knew. Every time I deal with Jacy, I understand why he had such a high opinion of her. I have worked with Jacy and her team on three Estates. They have been efficient every time. I would recommend Jacy and her team, and McQuarrie, to anyone who wants to get the best results, with the least worries.

– T. Gregg

Thank you, thank you, thank you! I never felt neglected, abandoned, or ignored while working with Jacy Wingson, QC, on my litigation matter. I was always aware because Jacy was so helpful, kind, patient, and professional. I appreciated that very much. So, thank you again. What could have been a most unpleasant experience turned out to be not so unpleasant after all, due to Jacy’s warmth and intelligent attitude, and strategy towards my matter.

– C. F.

I first contacted McQuarrie to obtain assistance with a dispute within my family over the ownership of my mother’s home. We needed help and didn’t know what to do as my mother’s name was not on title. Jacy Wingson, QC of McQuarrie, immediately explained our options and informed us that my mother still had specific rights. This was a very difficult situation for my mom as she stood to lose everything. Jacy and her Estate Litigation team were very empathetic and understood the family dynamic as they guided us through the legal process. Jacy was very professional and provided outstanding advice and a legal plan of action that resulted in a reasonable outcome for all parties. Over the last few years, we have used McQuarrie’s services for real estate transactions and to assist with an estate. I highly recommend McQuarrie for any and all legal services.

– A. Goertzen

I had the pleasure of working with Joseph Berta on a complicated business acquisition case for the past 18 months. I was extremely impressed with Joe’s level of professionalism and honesty. He goes above and beyond to make sure he has addressed all concerns. It is truly refreshing to see there are still law firms and lawyers who can see past billing hours and genuinely care about their clients. I would highly recommend working with Joseph Berta & the team at McQuarrie.

– Fatimah K.

I had the pleasure of having Sepideh Alimirzaee represent me in a contract dispute and am very happy with the outcome she attained!

– Kasra A.

Sarando Matheos helped me with my insurance claim over the past few years. He was always very professional and concise. I was very happy with his performance and the eventual outcome of my claim.

– Jaimen Crate

A careless driver rear-ended my vehicle three and a half years ago. I was forced to leave my office job of six years while trying to recover from my injuries. I nearly lost my house due to financial stress from seeking new employment. I reached out to Sarando Matheos at McQuarrie for assistance with my claim, and he supported me from start to finish. Sarando went above and beyond to ensure that I was compensated for my pain and suffering. Sarando is a caring man who wants the best for his clients. I genuinely felt that a family member handled my case because of his client-focused approach. I highly recommend Sarando to anyone seeking legal assistance.

– Z. Omrani

If you are having even the slightest doubt about whether you should see a lawyer or you are wondering, “Do I have a case?” – DON’T! That is exactly how I felt before I called McQuarrie. The legal team o at McQuarrie worked above my expectations while handling my case. They worked tirelessly to successfully settle my case with a fantastic result and in much less time than I expected. They were extremely professional, personal, and compassionate and made the entire process simple. Make the call – you won’t be disappointed.

– M. Sekela

I highly recommend McQuarrie for anyone who has been wrongly denied a Long Term Disability Claim! As an ordinary person, I found it extremely frustrating and highly stressful to deal with the tactics utilized by a large insurance company. With the professional and efficient intervention by McQuarrie’s team, I was successful in my claim. I can’t thank them enough for all the help as I know I could not have done it on my own.

– M. Lynch

I was represented by Perry, who displayed an exemplary amount of confidence and knowledge toward his trade while still keeping me informed of my case’s realities. Mr. Armitage made sure that I felt in control and aware of everything that happened throughout my legal battle, and I can’t show appreciation enough for how he, and the firm, handled my case to the end.

– Braedyn E.

I am very pleased with the settlement you negotiated with ICBC on my behalf. I haven’t experienced services similar to McQuarrie’s.

– Andrea W.

Words can’t explain how thankful we are for all you have done and never gave up! Hopefully, we never need a lawyer again, but we would not hesitate to use you again in the future if we do. It’s been an absolute pleasure working with you.

– David P. and Filomena P.