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Author Topic: Lawyers Advise please!! Credit card Judgement, Should I mention in Schedule 1?  (Read 2761 times)
hotchick19
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« on: June 24, 2009, 03:45:41 pm »

Lawyers,

Previously, I posted new topic about Credit Card Judgement obtained by Credit Card company against me and Overspeeding Ticket. I want to know that should I mention from myside, in Background check forms, about this Judgement? So if they find this credit card Judgement in my History, Will not feel that I was concealing this fact. If Yes then Where I should mention? Or I should attach a letter with this fact?

Please advise.
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ChaloCanada
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Posts: 222
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Category........: AINP
Visa Office......: Buffalo, NY
NOC Code......: 2131
App. Filed.......: 07-03-2009
Doc's Request.: 19-11-2009
Nomination.....: 23-11-2009
AOR Received.: 22-06-2010
File Transfer...: 19-OCT-2010 (to NY)
Med's Request: 22-06-2010
Med's Done....: 09-07-2010; reached 23-07-2010
Interview........: -
Passport Req..: 30-12-2010, dated-15-12-2010

« Reply #1 on: June 24, 2009, 03:50:15 pm »

it wont harm if the judgement was in your favor
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hotchick19
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« Reply #2 on: June 24, 2009, 04:02:01 pm »

it wont harm if the judgement was in your favor



Thank you for advise. I had dispute over interest rate/charges therefore they ended up in obtaining a judgement from court to pay the balance on card. Which is in thier favor, However, settlement happended and by the time CIC will run Background check debt will be paid off but Judgement will remain forever in credit History. So should I mention this Judgement in advance in my application so CIC don't feel that applicant tried to conceal this fact?

please advise?
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ChaloCanada
Hero Member
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Posts: 222
Ratings: +12
Category........: AINP
Visa Office......: Buffalo, NY
NOC Code......: 2131
App. Filed.......: 07-03-2009
Doc's Request.: 19-11-2009
Nomination.....: 23-11-2009
AOR Received.: 22-06-2010
File Transfer...: 19-OCT-2010 (to NY)
Med's Request: 22-06-2010
Med's Done....: 09-07-2010; reached 23-07-2010
Interview........: -
Passport Req..: 30-12-2010, dated-15-12-2010

« Reply #3 on: June 24, 2009, 04:22:34 pm »

This is not a big issue for CIC and u coming truthful upfront would definitly have +ive effect
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nix1
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« Reply #4 on: June 24, 2009, 04:36:55 pm »

Is there a question on the form regarding this kind of issue? I do not remember seeing one. If there is no question asked, I do not see the reason you need to disclose.

In my opinion, background check and credit history check are two different things and as far as I know CIC does only criminal history check which is background check.

By the way, I am not a lawyer.
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ChaloCanada
Hero Member
*****

Posts: 222
Ratings: +12
Category........: AINP
Visa Office......: Buffalo, NY
NOC Code......: 2131
App. Filed.......: 07-03-2009
Doc's Request.: 19-11-2009
Nomination.....: 23-11-2009
AOR Received.: 22-06-2010
File Transfer...: 19-OCT-2010 (to NY)
Med's Request: 22-06-2010
Med's Done....: 09-07-2010; reached 23-07-2010
Interview........: -
Passport Req..: 30-12-2010, dated-15-12-2010

« Reply #5 on: June 24, 2009, 04:38:26 pm »

By the way I checked IMM0008_1 form, and i guess u r talking about Ques 9  - item 1 - abt criminal activities.

my understanding is u were not issed a felony charge and it was u who had disputed the charges(same like disputung a traffic ticket) and the judgmement went in their favor.

So don't think this would qualify as a criminal activity. I would suggest sending an email to the CIC help desk mentioning this clearly and asking there advice. (this way u will have documentation)
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hotchick19
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« Reply #6 on: June 24, 2009, 05:22:28 pm »

By the way I checked IMM0008_1 form, and i guess u r talking about Ques 9  - item 1 - abt criminal activities.

my understanding is u were not issed a felony charge and it was u who had disputed the charges(same like disputung a traffic ticket) and the judgmement went in their favor.

So don't think this would qualify as a criminal activity. I would suggest sending an email to the CIC help desk mentioning this clearly and asking there advice. (this way u will have documentation)

Thanks for advise. Yes I am thinking about Question 9. 1st point. Should I click NO but menton this credit card judgement in space provided under question 9 ?
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rascojenkins
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« Reply #7 on: June 24, 2009, 05:23:36 pm »

I see this is the second time you are making this inquiries. To me its not crimal however If you have douts request for your FBI criminal check and see what it says.
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hotchick19
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« Reply #8 on: June 24, 2009, 05:31:47 pm »

I see this is the second time you are making this inquiries. To me its not crimal however If you have douts request for your FBI criminal check and see what it says.

My FBI says "NO ARREST RECORD FOUND" My FBI check, State Police everything is clear and good but I am concerned about a experience in this forum where a Candidate has applied for Canada Immigration in past and he didn't provide this info in forms and CIC canceled his nomination and denied process. I am trying to avoid this type situation. I want to know should I reveal thif info with my forms to CIC so they don't treat it like a concealing fact. Please Advise.
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bendjoe
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« Reply #9 on: June 24, 2009, 05:43:03 pm »

I see this is the second time you are making this inquiries. To me its not crimal however If you have douts request for your FBI criminal check and see what it says.

My FBI says "NO ARREST RECORD FOUND" My FBI check, State Police everything is clear and good but I am concerned about a experience in this forum where a Candidate has applied for Canada Immigration in past and he didn't provide this info in forms and CIC canceled his nomination and denied process. I am trying to avoid this type situation. I want to know should I reveal thif info with my forms to CIC so they don't treat it like a concealing fact. Please Advise.

You should ask an immigration lawyer. This forum don't have one in my knowledge.
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rascojenkins
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« Reply #10 on: June 24, 2009, 05:51:29 pm »

If any of these thing are not on your FBI and state PCCs why are you worrying about them? YOU ARE FINE .Anyway like Bendjoe just said if you do not believe what people are trying to tell you here Contact a LAWYER.
Good Luck
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