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Ontario Highway Traffic Act

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Refusal to pay "Penalty" "Fine" Debt.
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PostPosted: Thu Aug 21, 2014 12:20 pm 
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Joined: Thu Aug 21, 2014 12:08 pm
Posts: 4
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?


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Re: Refusal to pay "Penalty" "Fine" Debt.
PostPosted: Thu Aug 21, 2014 2:10 pm 
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Joined: Thu Mar 20, 2014 8:54 pm
Posts: 45
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.


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Re: Refusal to pay "Penalty" "Fine" Debt.
PostPosted: Thu Aug 21, 2014 2:16 pm 
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Sure that is agreed by everyone I know, but seriously what "legal" tactics do they use? Do they just keep harassing or ?


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Re: Refusal to pay "Penalty" "Fine" Debt.
PostPosted: Thu Aug 21, 2014 2:22 pm 
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Joined: Sun Dec 01, 2013 8:42 pm
Posts: 31
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.


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Re: Refusal to pay "Penalty" "Fine" Debt.
PostPosted: Thu Aug 21, 2014 2:29 pm 
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Hi.

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


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Re: Refusal to pay "Penalty" "Fine" Debt.
PostPosted: Thu Aug 21, 2014 3:38 pm 
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Joined: Sun Jun 22, 2008 3:21 am
Posts: 382
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.


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Re: Refusal to pay "Penalty" "Fine" Debt.
PostPosted: Thu Aug 21, 2014 7:43 pm 
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Joined: Fri Oct 11, 2013 5:46 pm
Posts: 279
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.


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Re: Refusal to pay "Penalty" "Fine" Debt.
PostPosted: Thu Aug 21, 2014 8:30 pm 
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Joined: Wed Mar 30, 2011 1:08 pm
Posts: 536
Location: Ontario
Will being declared bankrupt help?


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Re: Refusal to pay "Penalty" "Fine" Debt.
PostPosted: Fri Aug 22, 2014 7:55 am 
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Joined: Thu Mar 20, 2014 8:54 pm
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ynotp wrote:
Will being declared bankrupt help?

How much could he possibly owe????


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Re: Refusal to pay "Penalty" "Fine" Debt.
PostPosted: Fri Aug 22, 2014 9:09 am 
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$6400


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Re: Refusal to pay "Penalty" "Fine" Debt.
PostPosted: Fri Aug 22, 2014 9:26 am 
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Joined: Wed Mar 30, 2011 1:08 pm
Posts: 536
Location: Ontario
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;


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Re: Refusal to pay "Penalty" "Fine" Debt.
PostPosted: Fri Aug 22, 2014 11:11 am 
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Joined: Thu Mar 20, 2014 8:54 pm
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jasoncrosby wrote:
$6400

H.F. ! Bicycle time.


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Re: Refusal to pay "Penalty" "Fine" Debt.
PostPosted: Sat Aug 23, 2014 12:26 pm 
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Joined: Mon Mar 04, 2013 10:59 pm
Posts: 56
For that ticket, they may (probably) issue a warrant for your arrest.


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Re: Refusal to pay "Penalty" "Fine" Debt.
PostPosted: Sat Aug 23, 2014 4:00 pm 
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Joined: Mon Oct 20, 2008 11:31 pm
Posts: 502
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

_________________
"hang onto your chair when reading my posts
use at your own risk"


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