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Lorian99
Nov 4, 2011, 08:59 AM
Re: Statute of limitations Ontario. I was in a car accident in 1987. There was a judgement against me for $54,777.00. I filed bankruptcy and was told it was absolved. Last year 2010 while I was out of province,the other party took it back to court and my drivers licence was suspended for non payment. How can this happen? Now what can I do?

tickle
Nov 4, 2011, 10:26 AM
Re: Statute of limitations Ontario. I was in a car accident in 1987. There was a judgement against me for $54,777.00. I filed bankruptcy and was told it was absolved. Last year 2010 while I was out of province,the other party took it back to court and my drivers licence was suspended for non payment. How can this happen? Now what can I do?

Statute of limitation would have run out six years after, that is six after 87.There may be some more to your explanation here and if you will be willing to share anything you can think of, would help offering a more qualified answer.

Yes, it is unusual for this to happen. The statute of limitations would start all over again if someone, yourself, had offered payments or given them a payment.

Tick

Curlyben
Nov 4, 2011, 10:39 AM
Judgements NEVER expire as they are exempt from SoL, but the fact you filed Bankruptcy would make a difference to the whole picture, assuming it was included.

kcomissiong
Nov 4, 2011, 11:59 AM
As Curlyben noted, the SOL is not at issue since there was a judgment. Judgments are also renewable in many places (I'll post the renewal period for Ontario as soon as I find it). Additionally, the following judgments cannot be discharged in bankruptcy:

# Student loans less than 10 years old.
# Child and spousal support.
# Fines and most court ordered restitution payments.
# Court awarded damages for sexual assault or intentionally inflicting bodily harm
# Debts that arose as a result of fraud or theft.
# Certain government overpayments.

If this judgment is for court ordered restitution to the other party in your accident, you are stuck. You still owe it and it is still collectible.