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.
22 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.
Does calling an agreement a merchant cash advance determine its legal treatment?
No. A label does not by itself determine the legal characterization, rights, obligations, or remedies associated with a particular agreement. Those questions depend on the actual terms, facts, applicable law, and current jurisdiction-specific professional advice.
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.
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.
Does the CRE provide legal advice?
No. The CRE is not a law firm and does not provide legal advice. Where legal interpretation or court process is required, clients should consult qualified counsel in the relevant jurisdiction.
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.
Review the official sourceCan 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