Hello.
I'm posting this note for anybody who has already been discharged from their bankruptcy but still has their student loan hanging over their head. This letter is based on laws here in Ontario but I quite certain that they are similar across Canada. I wish I could say that I have good news which will help some of you out but sadly I've been betrayed by this "justice" system and I wanted to post my experience to save you the same stress and frustration in case you are about to embark down the same road.
I was discharged from my bankruptcy in 2007 but what I didn't know was that my trustee went out of business and I wasn't informed. It wasn't until I received my first GST cheque that I learned it was through a second trustee who took over my file. I realized back in November of 2011 that my loan is growing through interest charges and I need to deal with it asap. I made a few calls to various accountants offices and finally one man called me back with instructions on how to file for a "motion to discharge student loan for original bankruptcy".
He explained that the paper work can be done on my own and there would be a small fee for filing. I ended up emailing the office:
Ministry of Attorney General
Court Services Division
London, Ontario
The individual who responded to me was {Name Removed]. When I explained my situation and what I was trying to do she informed me that she will mail all of the necessary documents directly to me and that I can just follow the directions and it will be very simple and straight forward. I was informed that it's very easy and simple to do. I ended up receiving three documents (templates).
1. Notice of Motion
2. Affidavit of mailing
3. Order (document stating that my outstanding debt is not applicable to HRDC, Ministry of
education and Ministry of education).
I'm guessing [name removed by Administrator] was the one who wrote various instructions on all the documents in red ink. I emailed her to verify all her directions were in order and she made very clear to me that they are!
There were some questions I had regarding to the "affidavit of mailing". There is a line on the document which states:
"As supported by the attached copies of the regular mail receipts....". Regular mail receipts!?
I emailed her back asking what exactly this means. She stated that this is proof that you mailed the copies to all of the parties involved. When I asked what do I request at the post office for proof that the letters were mailed, she replied that when I go for my hearing I will just swear to the registrar that the documents were mailed and that's all there is to it.
When I asked her about signing all of the documents before mailing them out, she said that I should not sign anything. I will sign them on the day of my hearing in front of a witness.
Before I can mail out any documents to anybody I first need to request a hearing date. I was told I can either attend in London or Kitchener. Due to travel distance, time and finances, I requested a date in Kitchener to be set. I was informed that due to my circumstances I was being assigned a time of 1pm as a courtesy due to the distance I had to travel. All seemed set and ready to go!
I was instructed to mail all of the documents directly back to her in London along with the $10.00 filing fee and that would be all that needs to be done.
I remind all of you who are reading this now that I clearly asked for all the details to be provided to me regarding this hearing. I was informed that once I speak to the registrar at my hearing, he will make a decision and sign the discharge for me right there and then if he agrees to it. Seems simple and clean, right?
Get ready for the next part.
The day before my hearing I receive a phone call from the law office of the attorney who will be opposing me in court! I was told by the paralegal that their office will be requesting a postponement because they don't have all of my financial records. I was stunned to say the least because nowhere was it stated that I will be facing off against a lawyer representing the federal government. There was no hint of this mentioned anywhere! There also was no hint that I am entitled to legal council at this hearing. They sucker punched me with this move.
On the day of my hearing things continue to go downhill. I'm walking out the door around 9am and I get another call from the law office and I'm told that my hearing is at 10am rather than 1pm. What?? I told her that there is a mistake because I have documented evidence (email sent to me from [Name removed by Administrator]) with me stating that I'm scheduled for 1pm. "NO NO" she tells me. It's at 10am. I arrive in Kitchener around 12 noon and rush to find the courthouse. Once I'm there I can't find my name anywhere on the board so I have no clue where I'm supposed to be going. Finally I'm directed to the courtroom. I speak with the court clerk who verifies I'm scheduled for 1pm, BUT, there is somebody else here for your hearing.
Once my name is called, I approach the bench and find standing next to me is the opposing attorney. She immediately starts firing off her legal lingo and I have no clue what's going on. The registrar (aka judge) looks to me and asks what do I wish to do? Before I can answer the lawyer suggests to the judge that the two of us be excused to have a brief conference outside the court room. I'm now told by the lawyer that this hearing will not go in my favor because of the following factors.
1. All of the documents I mailed out where not in order, signed, witnessed etc. All are invalid.
2. My financial documents were not provided to the lawyer for review so I don't stand any chance in court if I wish to proceed today. (I wasn't instructed to provide financial documents by anybody)
3. This is a one shot deal. If I want to proceed to request my debt be dismissed I must have irrefutable evidence proving why I'm entitled and I must present a solid legal defense because if I leave anything out or make a single error the judge will rule against me and there is no appeal and no second chance. His ruling is one time and final! (this too wasn't mentioned at any time by anybody).
4. The court is already annoyed with me today because I wasn't there for 10am (even though I have proof with me that I was scheduled for 1pm).
5. There is a 99.9% chance that you will be rejected in your request. No court dismisses outstanding student loans any longer.
6. If I want to stand any chance to be heard I must have legal council so that means I must request an adjournment until I have a lawyer take up my defense.
In simple terms, the very people I trusted to help me resolve this matter deceived me. Nothing they informed me about was valid or true. I was deliberately led down the wrong path and as a result I was forced into making a choice to adjourn. By doing so I forced myself in a position where I must find a lawyer now and have them take up this fight for me. This is a fight I can't afford in any way. I cannot afford to miss any day of work because if I don't go to to work, I don't get paid!
This is what will happen to any of you who want to try to have the court dismiss your loan. They will lie to you from the very beginning so please, don't do what I did.
As far as I'm concerned the entire justice system is corrupt. This is not about not wanting to pay my loan off. This is about me not being able to pay. This scum lawyer who represents the government is nothing but a merciless parasite bandit with no compassion for somebody who is living under financial hardship and just trying to get by day to day. I can't afford to renew my drivers license and here they are telling me that they will oppose all my attempts to have this loan dismissed. Ironically, this bastard lawyer is being paid by the government to fight me. I can't help but to wonder how much the government will end up paying this piece of garbage by the time this is over? It actually may be cheaper for them to just write off my loan and call an end to it.
This letter is a breakdown of all that has happened to me so please consider the details carefully for your own safety. Don't allow them to corner you as they cornered me. I trusted them and they shot me in the back the first chance they had while laughing about it.
Lastly, if you're alone in such a situation, please, PLEASE do not say anything to the lawyer opposing you. It's their job to lie and mislead you and to convince the court that you are a lowlife deserving no mercy. Remember, they want to bury you so they will twist all the facts to make you look like the criminal. They will be giving you "advise" but I guarantee you that this advise is not going to benefit you in any way. In fact, anything you say can be used against you! Never forget that. Keep your mouth shut for your own sake.
When this jerk was "advising" me, the only words out of my mouth were: "until I speak to council, I'm not answering you". This jerk kept pushing and asking me what I wanted to do now? My response was the same each time. It became obvious I was annoying them because all they could do was roll their eyes at me and shake their head before returning to the court room.