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View Full Version : Can small claims court garnish wages outside canada


jprudence8
Jan 5, 2010, 02:07 AM
If the SOL passed 2 years (debts in Ontario like credit cards, line of credit), and if you are living outside of Canada. Can they garnish my wage if you I am earning outside Canada?

AK lawyer
Jan 5, 2010, 09:32 AM
If the SOL passed 2 years (debts in Ontario like credit cards, line of credit), and if you are living outside of Canada. Can they garnish my wage if you I am earning outside Canada?

A Canadian statute of limitations would not necessarily prevent a foreign court from entering a judgment on a case filed after the end of the limitation period. So, for example, a court in a U.S. state could enter judgment against you after, say 2 years and 3 months (to whatever the SOL in that state says). But the plaintiff would have to file suit against you in the country you are working.

jprudence8
Jan 5, 2010, 04:54 PM
Thanks very much AK Lawyer.

Just a follow up question say for example, If I have debt in Ontario, Canada and I am living in California, USA the plaintiff could still take me to court depends on the SOL of the State of California I am living and if the SOL has not passed? Do you know any link I could check the SOL of the sate of California? Thank you very much.

jprudence8
Jan 5, 2010, 05:21 PM
Hello again AK Lawyer.. Further to my question, If I am a resident legal alien of a specific State in the USA, am I protected under the Fair Debt Collection Practices Act (FDCPA) US though I am a Canadian citizen. Or the Canadian Act protects me and the FDCPA does not apply to me.

AK lawyer
Jan 5, 2010, 10:20 PM
... Do you know any link I could check the SOL of the sate of California? ...

Four years.

CA Codes (ccp:335-349.4) (http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=335-349.4)