statute of limitation (SoL) ontario

nlln0001 · #1 Mar 29, 2006, 10:43 AM

I live in ontario,Canada . 7 years ago, going through divorce, I stopped paying my debts ( credit cards, line of credit (unsecured), personal loan(unsecured),store cards). Collection agencies were chasing me but had no luck finding me. This week I check my credit report from both equifax and trans union.- nothing showed - no accounts in my report at all. but there were lots of Inquiries by some collection agencies . newest was freshly two weeks earlier.My question is, after 6 years passed, is that still possible for collectors to sue me? or make any legal action against me?
I dont own any property/house at this time but could they put any lien against if i buy any house in the future ?

what are my legal rights here (regards SoL) ? please answer me

RickJ · Mar 29, 2006, 10:49 AM

Here I find this:
Ontario Statutes of Limitation

Since most debt actions are based in contract: 6 years from the date the cause of action arose (date of last payment or written acknowledgment of the debt).

NOTE: If the contract provides that the law of another jurisdiction governs it, the limitation period of that jurisdiction will apply.

The post-judgment enforcement remedy of filing a writ of seizure and sale provides that the writ is valid for 6 years from the date it is issued, subject to renewal, which is the responsibility of the creditor. A discretionary procedure exists to renew an expired writ.

Actions on foreign judgments, including those from the United States, must be commenced within 20 years from the date of the foreign judgment. The merits of the defenses, if any, which were raised in the foreign debt action, are generally not available as defenses to the action on the judgment.

CaptainForest · Mar 29, 2006, 07:49 PM

I wanted to agree with Rick’s post but the system told me I have to agree with others first.

I agree with Rick’s post. 6 years was the SOL. They can come after you forever, but legally they can’t ever collect the money from you. Unless you go and reaffirm the debt.

Another note. The new SOL in Ontario is 2 years for all debts incurred as at Jan 1/04 or later.

RickJ · Mar 30, 2006, 03:06 AM

And be careful...if I'm reading it right, if you make a payment or acknowledge the debt,then the 6-year ticker starts all over again.

CaptainForest · Mar 30, 2006, 01:34 PM

Quote:

Originally Posted by rickj

And be careful...if I'm reading it right, if you make a payment or acknowledge the debt,then the 6-year ticker starts all over again.

Yes. The re-start of the clock would occur.

However, I am pretty sure it would then fall into the 2 yr category.

northerngentleman · Sep 9, 2007, 08:02 AM

What is the statute of limitations for credit card debt in ontario? My daughter has a outstanding credit card debpt from the '90's & lawyers are threating her with court action. She is on a disibilty pension. Can she be sued/garnisheed or is this a scare tatic.

Iknowalotofstuff · Sep 21, 2007, 07:36 PM

The SOL in Ontario for a debt incurred in the 1990's is 6 years. Your daughter owes the money. The creditor has the right to try and collect it. After 6 years, the right to legal action is not available unless they can get her to make a payment or acknowledge the debt in writing which would restart the limitation period. Absolutely ignore the lawyer. Do not write and do not pay. In Ontario, it is easier to deal with the issue in SCC.

For a debt created after 01/01/04 or where the date of last payment or written acknowledgement was after that date, the limitation period has been reduced to 2 years.

michellemcg · Oct 24, 2009, 07:54 PM

My daughter had numerous calls from Nordon and when she had money she'd send what little she had. She got laid off at which time when GAGE would call she'd explain that she was laid off however was trying to go back to school so she could get a job that would provide her with the funds to pay off her debts. GAGE called repeatedly and was rude to myself as well as extremely rude, argumentative, and threatening to my daughter. One the final occassion my daughter attempted to tell her that she does not have money at which time GAGE lost her temper saying if she didn't pay that she'd make sure she was unable to get the funding to go back to school, take her G.S.T., and everytime my daughter tried to explain anything GAGE cut her off and had ZERO control of her emotions... very loud and every word could be heard my the people in the room. My daughter told her if your going to be an ignorant B***H that she didn't want to talk to her ( my daughter crying at this point) GAGE just continued to intimidate and attack my daughter. The call was ened at which time I called and told her to give me her supervisor. The supervisor came on and my daughter, still crying, told her that she want thm to talk to me, her mother. Now it's my understanding that they are able to talk to me when given permmission by the person they are trying to collect from..... The supervisor told her that she was not allowed to talk to me about the account and refused to do so. Gee... why is that... because they couldn't BULLY me like they did my 21 yr old daughter. HUMMM anyhow what should i do about this because they basically brushed her off and funny how they've not called since them... HUMMM again.... Gage was very abusive ... She has always told them she would pay what she could when she could and did so until unable to.... There was other rude things said, but to much to mention.....So what can we do about this.... they breeched may rules and laws of collectors.