Ask Experts Questions for FREE Help !
Ask
    nlln0001's Avatar
    nlln0001 Posts: 5, Reputation: 1
    New Member
     
    #1

    Mar 29, 2006, 12:43 PM
    Statute of limitation (SoL) ontario
    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 don't 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's Avatar
    RickJ Posts: 7,762, Reputation: 864
    Uber Member
     
    #2

    Mar 29, 2006, 12:49 PM
    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's Avatar
    CaptainForest Posts: 3,645, Reputation: 393
    Ultra Member
     
    #3

    Mar 29, 2006, 09:49 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's Avatar
    RickJ Posts: 7,762, Reputation: 864
    Uber Member
     
    #4

    Mar 30, 2006, 05:06 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's Avatar
    CaptainForest Posts: 3,645, Reputation: 393
    Ultra Member
     
    #5

    Mar 30, 2006, 03:34 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's Avatar
    northerngentleman Posts: 4, Reputation: 1
    New Member
     
    #6

    Sep 9, 2007, 09:02 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's Avatar
    Iknowalotofstuff Posts: 144, Reputation: 1
    Junior Member
     
    #7

    Sep 21, 2007, 08:36 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's Avatar
    michellemcg Posts: 1, Reputation: 1
    New Member
     
    #8

    Oct 24, 2009, 08:54 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 occasion 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 every time 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 too much to mention... So what can we do about this... they breeched may rules and laws of collectors.
    storagequeen's Avatar
    storagequeen Posts: 1, Reputation: 1
    New Member
     
    #9

    Dec 3, 2010, 10:09 AM
    Captain - what about a debt from the 80's?
    Iknowalotofstuff's Avatar
    Iknowalotofstuff Posts: 144, Reputation: 1
    Junior Member
     
    #10

    Dec 3, 2010, 12:05 PM

    The SOL in Ontario is presently 2 years for any debt acknowledged in writing or by payment after Jan 1. 2004. The previous SOL was 6 years.

    The SOL only prevents a person from successfully using a civil court to collect a debt. The obligation still exists and if there is some other way to collect, that method could be used. Ecample: Say you owe a bank $100.00 on an overdraft. The account is still open and accruing interest. No payment or written acknowledgement is made for the SOL period. The bank cannot then succeed in civil court to recover their debt of $100.00 + interest and costs. However, if the government had her account for direct deposit of a benefit and that money was directed to the account, the resulting deposit could be applied to the outstanding debt and held to be a possible acknowledgment of the debt.

    In summary, a debt lasts forever. The right to use the court is limited by the SOL. There are limits to how long a debt can be reported in her CB file.
    ShanH1980's Avatar
    ShanH1980 Posts: 2, Reputation: 1
    New Member
     
    #11

    Aug 16, 2012, 03:56 PM
    Is the SOL also reset if you admit to oweing the debt verbally over the phone when speaking with a creditor?
    silky123's Avatar
    silky123 Posts: 2, Reputation: 1
    New Member
     
    #12

    Dec 3, 2013, 05:45 PM
    I live in Toronto, and have a writ against my house for about $30,000and shows up when I do a writ search at the land registry office. The writ was issued in year 2009. However it does not show on a lien search done on my house. I have not contacted them for many years now.

    If I sell the house will this writ still be valid and the money will be taken out before I get the equity?

    If the answer to above is yes, Is there anyway that writs could also be negotiated. Can I offer them a percentage and they can take the writs off the house?

    Any other suggestion will really be appreciated.
    Thanks

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Ontario - debt statute of limitations [ 10 Answers ]

I was recently contacted by a debt collector who told me I owed an Ontario University money. I have not attended that school since 1999 and this was the first corresponence I received regarding this debt. I would like to know if they can take me to court for this, and if not, can they put this...

Statue of limitation [ 5 Answers ]

What is the statue of limitation on statutory rape? Also, the time of limitation has passed, what other way can you charge some one with statutory rape against a 14 year old, if they were 25 at the time?

Ontario Statute of Limitations for Lawsuits [ 4 Answers ]

The Proceedings Authorization Committee of the Law Society of Upper Canada (LSUC) will be addressing a list of complaints against my motherís lawyer within the next month that I filed back in November 2004. After a very lengthy & thorough investigation, the assigned Law Society investigator has...

Statue of Limitation [ 2 Answers ]

What is the statute of Limitation on a DUI charge in BC or Canada. I have a warrant out of my arrest in BC. I didn't even know about it until I was pulled over in Alberta. I was under the impression from the cop that I talked to on the phone that I had taken care of all of that mess. But then I...

Collection Agency-Sttatue of limitation to collect deb [ 13 Answers ]

I have been contacted by Nordon Collections on a debt from May 2003 In which they advise I owe $9,467.00 due to a car loan after they sold The vehicle on a repo they advised I owe this amount and will take Me to Superior court If I don't pay it today and garnishee my wages. I advised them I do...


View more questions Search