R-2.2 - Act respecting the collection of certain debts

Section 34 Disposition versions

2006-12-14

34. No holder of a permit or his representative may

(1)  communicate verbally with a debtor before five days after the sending of a notice of payment, in paper form, in conformity with the model prescribed by regulation;

(1.1)  again communicate verbally with a debtor before five days after the sending of a new notice of payment consistent with the description in subparagraph 1 to the address provided by the debtor, where the debtor has informed the permit holder or representative that he or she did not receive the first notice;

(2)  communicate verbally with a debtor having sent a written notice requesting written communication only;

(2.1)  communicate with the debtor if the latter has informed the permit holder or representative in writing that the debt is contested and that the creditor may proceed with legal action;

(2.2)  communicate with a person who, in the course of a prior communication, indicated that he or she is not the debtor;

(3)  (subparagraph repealed);

(4)  communicate verbally with the debtor or the debtor’s surety, or their spouses, civil union spouses, family members, friends, acquaintances, neighbours or employers except on days other than Sundays and holidays from 8:00 a.m. to 8:00 p.m.;

(5)  threaten to reveal the debtor’s failure to pay, to persons other than those who are a party to the obligation or who could be bound to perform it, or threaten to publish his or her failure to pay or to have it published, or to have an unfavourable entry of it made;

(6)  represent that, failing payment, judicial proceedings will be instituted;

(7)  claim the performance of an obligation in addition to that which is owing, particularly as a collection fee or in consideration of a time allotted for payment;

(8)  undertake to assume the judicial costs which might be incurred by reason of the collection of a debt;

(9)  provide a writing which could be addressed by a creditor to his or her debtor in the name of a permit holder or a third person.

The notice provided for in subparagraph 2 of the first paragraph is valid for three months from the date it is sent to the permit holder and is valid with regard to all the debts which that holder is charged with collecting from the debtor for the same creditor.

Excepting subparagraph 6 of the first paragraph and notwithstanding paragraph 2 of section 6, this section also applies where a collection agent claims the payment of a debt he has purchased.

1979, c. 70, s. 34; 1999, c. 40, s. 243; 2001, c. 32, s. 103; 2002, c. 6, s. 153; 2006, c. 56, s. 15.

2002-06-24

34. No holder of a permit or his representative may

(1)  communicate verbally with a debtor before having sent a notice of payment, in paper form, in conformity with the model prescribed by regulation;

(2)  communicate verbally with a debtor having sent a written notice requesting written communication only;

(3)  communicate with the married or civil union spouse of the debtor or a member of his or her family, except where one of these persons is surety for the debtor or to obtain the address of the debtor, and the debtor must then identify himself or herself;

(4)  communicate verbally with the debtor or his or her surety, or with their married or civil union spouses or members of their families at a time other than from 8:00 a.m. to 8:00 p.m. on working days;

(5)  threaten to reveal the debtor’s failure to pay, to persons other than those who are a party to the obligation or who could be bound to perform it, or threaten to publish his or her failure to pay or to have it published, or to have an unfavourable entry of it made;

(6)  represent that, failing payment, judicial proceedings will be instituted;

(7)  claim the performance of an obligation in addition to that which is owing, particularly as a collection fee or in consideration of a time allotted for payment;

(8)  undertake to assume the judicial costs which might be incurred by reason of the collection of a debt;

(9)  provide a writing which could be addressed by a creditor to his or her debtor in the name of a permit holder or a third person.

The notice provided for in subparagraph 2 of the first paragraph is valid for three months from the date it is sent to the permit holder and is valid with regard to all the debts which that holder is charged with collecting from the debtor for the same creditor.

Excepting subparagraph 6 of the first paragraph and notwithstanding paragraph 2 of section 6, this section also applies where a collection agent claims the payment of a debt he has purchased.

1979, c. 70, s. 34; 1999, c. 40, s. 243; 2001, c. 32, s. 103; 2002, c. 6, s. 153.

2001-11-01

34. No holder of a permit or his representative may

(1)  communicate verbally with a debtor before having sent a notice of payment, in paper form, in conformity with the model prescribed by regulation;

(2)  communicate verbally with a debtor who has notified him in writing to communicate with him in writing only;

(3)  communicate with the spouse of the debtor or a member of his family, except where one of these persons is surety for the debtor or to obtain the address of the debtor, and he must then identify himself;

(4)  communicate verbally with the debtor or his surety, or with their spouses or members of their families at a time other than from 8:00 a.m. to 8:00 p.m. on working days;

(5)  threaten to reveal the debtor’s failure to pay, to persons other than those who are a party to the obligation or who could be bound to perform it, or threaten to publish his failure to pay or to have it published, or to have an unfavourable entry of it made;

(6)  represent that, failing payment, judicial proceedings will be instituted;

(7)  claim the performance of an obligation in addition to that which is owing, particularly as a collection fee or in consideration of a time allotted for payment;

(8)  undertake to assume the judicial costs which might be incurred by reason of the collection of a debt;

(9)  provide a writing which could be addressed by a creditor to his debtor in the name of a permit holder or a third person.

The notice provided for in subparagraph 2 of the first paragraph is valid for three months from the date it is sent to the permit holder and is valid with regard to all the debts which that holder is charged with collecting from the debtor for the same creditor.

Excepting subparagraph 6 of the first paragraph and notwithstanding paragraph 2 of section 6, this section also applies where a collection agent claims the payment of a debt he has purchased.

1979, c. 70, s. 34; 1999, c. 40, s. 243; 2001, c. 32, s. 103.

1999-10-22

34. No holder of a permit or his representative may

(1)  communicate verbally with a debtor before having sent a notice of payment in conformity with the model prescribed by regulation;

(2)  communicate verbally with a debtor who has notified him in writing to communicate with him in writing only;

(3)  communicate with the spouse of the debtor or a member of his family, except where one of these persons is surety for the debtor or to obtain the address of the debtor, and he must then identify himself;

(4)  communicate verbally with the debtor or his surety, or with their spouses or members of their families at a time other than from 8:00 o’clock a.m. to 8:00 o’clock p.m. on working days;

(5)  threaten to reveal the debtor’s failure to pay, to persons other than those who are a party to the obligation or who could be bound to perform it, or threaten to publish his failure to pay or to have it published, or to have an unfavourable entry of it made;

(6)  represent that, failing payment, judicial proceedings will be instituted;

(7)  claim the performance of an obligation in addition to that which is owing, particularly as a collection fee or in consideration of a time allotted for payment;

(8)  undertake to assume the judicial costs which might be incurred by reason of the collection of a debt;

(9)  provide a writing which could be addressed by a creditor to his debtor in the name of a permit holder or a third person.

The notice provided for in subparagraph 2 of the first paragraph is valid for three months from the date it is sent to the permit holder and is valid with regard to all the debts which that holder is charged with collecting from the debtor for the same creditor.

Excepting subparagraph 6 of the first paragraph and notwithstanding paragraph 2 of section 6, this section also applies where a collection agent claims the payment of a debt he has purchased.

1979, c. 70, s. 34; 1999, c. 40, s. 243.

1999-04-01

34. No holder of a permit or his representative may

(1)  communicate verbally with a debtor before having sent a notice of payment in conformity with the model prescribed by regulation;

(2)  communicate verbally with a debtor who has notified him in writing to communicate with him in writing only;

(3)  communicate with the spouse of the debtor or a member of his family, except where one of these persons is surety for the debtor or to obtain the address of the debtor, and he must then identify himself;

(4)  communicate verbally with the debtor or his surety, or with their spouses or members of their families at a time other than from 8:00 o’clock a.m. to 8:00 o’clock p.m. on working days;

(5)  threaten to reveal the debtor’s failure to pay, to persons other than those who are a party to the obligation or who could be bound to perform it, or threaten to publish his failure to pay or to have it published, or to have an unfavourable entry of it made;

(6)  represent that, failing payment, judicial proceedings will be instituted;

(7)  claim the performance of an obligation in addition to that which is owing, particularly as a collection fee or in consideration of a delay of payment;

(8)  undertake to assume the judicial costs which might be incurred by reason of the collection of a debt;

(9)  provide a writing which could be addressed by a creditor to his debtor in the name of a permit holder or a third person.

The notice provided for in subparagraph 2 of the first paragraph is valid for three months from the date it is sent to the permit holder and is valid with regard to all the debts which that holder is charged with collecting from the debtor for the same creditor.

Excepting subparagraph 6 of the first paragraph and notwithstanding paragraph 2 of section 6, this section also applies where a collection agent claims the payment of a debt he has purchased.

1979, c. 70, s. 34.