Frequently asked questions

Clear answers, separated by audience and scope.

Filter by creditors, agency partners, account holders, or compliance. Answers are general and may link to official sources where legal or regulatory context matters.

34 questions shown

What does the CRE review in a merchant cash advance file?

The CRE reviews the agreement and amendments, transaction and remittance structure, payment chronology, claimed-balance support, merchant identity and operating status, prior activity, disputes, jurisdiction, client authority, and the specific next decision required. The review does not determine legal characterization or guarantee recovery.

Which records should accompany an MCA recovery request?

Start with the signed agreement, schedules, amendments, guarantees, remittance and reconciliation terms, advance and purchased-amount details, complete payment history, balance calculation, returned-payment evidence, relevant notices, disputes, settlements, prior collection or legal activity, and current merchant information. Do not upload banking credentials, full card numbers, SINs, health records, or unrelated personal information.

Can the CRE guarantee recovery of a Canadian MCA balance?

No. Recovery, timing, contact, merchant operation, asset availability, legal characterization, court relief, and enforcement outcomes cannot be guaranteed. A submission begins a confidential fit review and does not mean the file has been accepted.

When may an MCA file require another professional?

A file may require independent legal advice or another authorized professional when it raises agreement-characterization, court, secured-rights, insolvency, licensing, investigation, seizure, repossession, garnishment, or other jurisdiction-specific questions. Collection, legal, court, investigation, insolvency, and enforcement roles are not interchangeable.

When should a business move an overdue invoice from internal follow-up to a commercial recovery review?

A commercial recovery review may be useful when ordinary follow-up no longer produces reliable information, the account history is becoming difficult to reconcile, a dispute is unclear, or the creditor needs a documented next decision. The CRE reviews the record, authority, jurisdiction, prior activity, and file objective; it does not guarantee collection, timing, or acceptance.

What records should a creditor prepare for a commercial recovery review?

Start with the agreement or credit application, invoices, statements, delivery or completion evidence, credits, payment history, material communications, entity information, and a concise chronology. Include known disputes, prior activity, security, judgment, or insolvency information, but minimize unrelated personal information.

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What happens when a commercial debtor disputes an invoice?

A dispute should be identified and documented rather than treated as a reason to repeat the same collection sequence. The CRE can help organize the commercial record and identify information gaps, while contract interpretation, litigation strategy, and legal remedies remain questions for qualified counsel.

When is an aged commercial account suitable for a second review?

An aged account may merit a second review when documentation, entity information, contact data, prior activity, authority, dispute status, or insolvency indicators have not been re-examined. A fresh review can produce a clearer information request, referral, hold, recovery lane, or closure decision without implying that age alone makes recovery likely.

What should an agency include when referring returned commercial inventory?

A useful referral record identifies client authority, account ownership, contact restrictions, information-sharing limits, prior activity, return conditions, reporting expectations, and the reason the standard workflow stopped. Segmenting files by age, documentation, dispute, location confidence, security, judgment status, and insolvency indicators helps define a responsible specialist review.

How should a creditor minimize personal information when sharing a recovery file?

Share only information that is relevant to the authorized review, protect originals, use secure transfer methods, and avoid banking passwords, payment-card data, social insurance numbers, health information, or unrelated personal records. Privacy obligations depend on the organization, purpose, province, and facts; the CRE's public materials do not determine legal compliance for a specific transfer.

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What information is reviewed in a Canadian merchant cash advance file?

The CRE's MCA intake considers the agreement, funded and purchased amounts, remittance method, claimed balance, payment history, merchant status, jurisdiction, dispute information, prior activity, and available supporting records. Agreement wording and file facts can raise legal-characterization or remedy questions that require independent qualified advice.

What does lawful commercial locate work do—and not do?

Commercial locate work can help validate available contact, identity, operating-location, and business information for an authorized purpose. It is not a shortcut around privacy, licensing, communication, or enforcement requirements, and it does not permit pretexting, harassment, publication of personal information, or improper disclosure.

Does a judgment automatically produce a commercial recovery?

No. A judgment may establish a legal position, but practical next steps can still depend on current information, assets, exemptions, procedure, timing, jurisdiction, and the authority of counsel or licensed enforcement professionals. The CRE does not select remedies, file court materials, or guarantee enforcement results.

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How can insolvency indicators change a commercial recovery review?

Known insolvency, restructuring, proposal, bankruptcy, or creditor-priority information can change what records should be preserved and whether the file needs qualified legal or insolvency input. The CRE can identify that a specialist boundary may be relevant; it does not diagnose insolvency or provide trustee, legal, or financial advice.

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Why do cross-provincial commercial files require a jurisdiction review?

The parties, agreement, governing-law wording, location of relevant events, debt type, collector role, court status, and security can change the rules and professional roles involved. A website cannot determine the applicable limitation period, licensing requirement, remedy, or forum for an individual file.

Can a commercial recovery provider guarantee collection, timing, or a legal remedy?

No responsible provider can guarantee recovery, timing, locate results, court outcomes, asset realization, or a legal remedy. Commercial outcomes depend on evidence, authority, parties, disputes, jurisdiction, assets, insolvency, timing, and the role of qualified professionals.

What files does the CRE handle?

The CRE focuses on commercial debt, aged and secondary placements, skip-sensitive matters, secured-asset files, and judgment-related recovery support. Every file is reviewed for fit, documentation, jurisdiction, and lawful recovery options.

Does the CRE take aged files?

Yes. Aged files may be considered after a structured review of age, documentation, limitation concerns, prior activity, debtor location, and recoverability. The CRE does not promise a recovery outcome.

Can the CRE review portfolios?

The CRE can review portfolios to help identify files that may warrant renewed contact, locate work, secondary placement, or escalation to qualified external professionals where appropriate.

Does the CRE support commercial debt?

Yes. The CRE supports business-to-business and commercial recovery matters, subject to documentation, jurisdiction, client authority, and the nature of the obligation.

What is secondary placement?

Secondary placement is the referral of an account after an earlier collection workflow has stalled or closed. A new review may identify missing information, changed circumstances, or a different lawful recovery path.

Can the CRE act as a discreet agency partner?

The CRE can discuss structured referral arrangements, specialty categories, and difficult inventory. The operating model, client communication, and data-handling expectations are documented before work begins.

Why is the CRE contacting me?

The CRE may be contacting you about an account referred by a creditor or agency partner. You may request available identifying information about the account and use the contact channels on this site. Do not share banking or payment-card credentials in the inquiry form.

Can I ask to be contacted in writing?

Rules vary by jurisdiction and debt type. Some Canadian frameworks provide a process to request written-only communication or communication through counsel. Review the official guidance for your province or territory or seek independent legal advice.

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Can debt collectors contact my employer or family?

Canadian rules generally restrict disclosure of debt information to third parties, but precise limits and exceptions vary by jurisdiction and may include locating a person, confirming employment, consent, or a guarantee. Check your regulator’s official guidance for your province or territory.

When can debt collectors contact someone in Canada?

There is no single contact-time rule for every Canadian debt. Federal-sector and provincial or territorial rules differ. The rights guide on this site links to official sources and should not be treated as legal advice.

Can collection agencies use threatening language?

Official Canadian guidance prohibits harassment, threats, abusive language, misrepresentation, and undue pressure in the frameworks reviewed. If you believe conduct is improper, preserve records and contact the applicable regulator or independent legal counsel.

Can a collection agency add extra fees?

Whether a fee is permitted depends on the agreement, governing law, and debt type. The CRE’s website assistant cannot determine whether a specific fee is valid. Ask for an account breakdown and obtain independent advice where needed.

Can a collection agency take money from a bank account immediately?

A collection contact by itself does not determine authority to debit or garnish an account. Court orders, secured rights, contracts, and provincial procedures can matter. Seek independent legal advice about a specific situation.

Is the CRE a law firm?

No. Canadian Recovery & Enforcement is not a law firm and does not provide legal representation or legal advice.

Does the website assistant provide legal advice?

No. The assistant provides general website information and high-level Canadian collections information for educational purposes only. It cannot analyze facts, limitation periods, litigation strategy, legal notices, or remedies.

What rules apply to collection communications?

The answer depends on the creditor, debt type, collector, province or territory, and sometimes federal regulation. Use the jurisdiction links on the Compliance page and verify current requirements with the responsible regulator.

Confidential fit review

Bring the file that standard workflows could not move.

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