PDA

View Full Version : SOL ontario


michael k
Mar 29, 2008, 10:54 AM
What constitutes default for sol ? On a credit card debt ? Last payment ? Or when it is assigned to collection ?

N0help4u
Mar 29, 2008, 11:12 AM
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.

Debt collection statute of limitations listed by state (http://www.fair-debt-collection.com/SOL-by-State.html#52)

# Ontario - The Ontario Limitation Act 2002 , came into force on January 1, 2004. It sets two years as the term (Section 4). This limitation will be reinstated where the debtor acknowledges the debt or makes a partial payment towards repayment of his debt. If the default occurred prior to January 1, 2004, the creditor will continue to have 6 years to pursue the claim. However, if the default occurred after January 1, 2004 then the 2-year rule applies.
# Federal - Section 32 of the Crown Liability and Proceedings Act sets 6 years as the limit for debt.

Limitations Acts -"Statute of Limitations" (http://www.bankruptcycanada.com/limitationacts.htm)

Even after the sol they can and more than likely will keep after you.

CaptainForest
Mar 29, 2008, 04:20 PM
Simple.

Here in Ontario (that is where you are from)….the SOL is 2 years assuming it happened AFTER Jan 1, 2004.

What constitutes default you ask?
When you first broke the contract (therefore when you last paid something, or last charged something to your card, whichever is later….) Or if you charged something in Feb, then after you got your bill and then didn't pay it.

Whenever it goes to a collection agency has NO barring on the SOL.

After 2 years are up, they still might try and come after you. Just tell them the SOL has expired and hang up.

They can NOT get the money from you by using the court system after the 2 years.

If they do bug you, refer to the Ontario governments website on what creditors can and cannot do in their behavior. If they company violates the law, then report them to the government who will take action.