Has anyone recently filed a claim for unpaid Accounting invoices?
I’m curious if anyone in Canada, especially in the western provinces, has pursued civil claims for unpaid Accounting and tax services. If so:
- How long are trial waits currently?
- Are the courts still experiencing delays similar to those during the COVID era?
- Was it relatively straightforward to prove “Accounting services rendered,” or was it more complicated due to the intricacies of accounting?
A bit of context: I have an unpaid accounting bill that’s around six months old, totaling about $2,000, so I’ll be self-representing. I anticipate taking about 2 to 3 days in total if it goes to trial. I also expect to enforce any judgment myself, as I’m familiar with the process. I know where their payors are, how to locate their assets, and even their bank information.
While I don’t expect to recover much of this amount, I won’t feel too bad if it contributes to the downfall of the business in question. The debtor is emotionally volatile and has already spent thousands on legal fees just to fend off collection agencies I hired or divert conversations about payment.
Communication has become increasingly difficult; they’ve blocked multiple social media accounts and phone numbers, but they occasionally create new ones to try and gather information on me. All emails from their domain are also blocked.
Collections agencies have proven ineffective; they often back down when faced with legal letters. This debtor has a history of scamming, avoiding payments, and misappropriating GST and payroll deductions. Ex-employees have had to resort to Employment Standards to recover unpaid wages, which were often considerably higher than my modest $2,000 claim. Meanwhile, the owner seems to prioritize personal luxury (with assets like a >$1M house and five vehicles) over their obligations.
Essentially, this is a company lacking good intentions, and the CRA has first dibs if it goes under, putting us unsecured creditors at a disadvantage.
Thanks for reading, and happy accounting!
One response
It sounds like you’re dealing with a really frustrating situation. Unfortunately, many people in similar positions have found it challenging to recover unpaid fees, especially when the debtor has a history of dodging payments. Here are some thoughts based on your questions and context:
Filing a Claim: Yes, many individuals in Canada, particularly in the west, have had to file civil claims for unpaid services, including Accounting bills. The process can vary by province, but small claims courts typically have a relatively straightforward process for amounts like $2,000.
Wait Times: From what I’ve heard, while some courts have improved their processing times since the pandemic, there are still significant delays in many areas due to ongoing backlogs. You might be looking at several months for a trial date, depending on the volume of cases in your jurisdiction. It’s a good idea to check with your local court for the most accurate estimates.
Proving Services Rendered: Proving the services rendered can be a mixed bag. If your documentation is clear (invoices, emails, etc.), that will certainly help your case. However, if the debtor contests the claim on the basis of service quality or completeness, it might take more effort to defend your position. Clear and organized records can make your case much stronger.
Self-Representation: Given that you plan to self-represent and have previous experience with enforcement actions, you might find the process manageable, especially if you prepare yourself thoroughly. Just be sure to familiarize yourself with the specific rules and procedures of your local court to avoid any missteps.
Consider Counter-Strategies: Since this debtor has a history of dodging payments, it might also be worth considering alternate strategies besides direct payment pursuit, like contacting regulatory bodies if they’re engaging in questionable financial practices (e.g., not remitting payroll deductions).
Stay Safe Online: Given the emotional instability you’ve noted, it’s wise to protect your digital presence. Block any new accounts and avoid communication that could escalate the situation further.
It’s unfortunate that you’re dealing with such a difficult debtor, but pursuing your claim might not only help you recover the amount owed but also send a message to discourage this kind of behavior. Good luck!