Do you know where I can obtain documented information about when Statute of Limitations begins? I have been told different information. I have been told that it begins at the time of last payment. I have been told that it begins at the time of last activity. I have also been told that it begins whenever the account defaults the 1st time. I just want to know exactly so I will have evidence to back up anything that I say.

Depends on state laws and the type of contract. If its close enough, just use SOL as part of your defense and let the judge interpret the law.

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Originally Posted by ScottGem

Depends on state laws and the type of contract. If its close enough, just use SOL as part of your defense and let the judge interpret the law.

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I am in Georgia and it is involving a Civil Action Summons for a Credit Card that I have been accused of not paying. I do not know what date is being considered to know if I am close to statute or not.

Assume that it's the date of YOUR last activity.

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Originally Posted by ScottGem

Assume that its the date of YOUR last activity.

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I have never seen it NOT be the date of the last activity by the debtor - activity is using the account OR making a payment.

I don't know where you are, however, if you are in Canada, the statute of limitations is very clear.

This might help. From the Government of Canada Website. Pay particular attention to the 'discovery' section which refers to your questions.

Limitations Act, 2002, S.O. 2002, c. 24, Sched. B

Please note I am not a lawyer, however, I have had to research this for a problem I had myself a little while ago.

Hope it helps. Good luck.

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Originally Posted by Jake2008

I don't know where you are, however, if you are in Canada, the statute of limitations is very clear.

This might help. From the Government of Canada Website. Pay particular attention to the 'discovery' section which refers to your questions.

Limitations Act, 2002, S.O. 2002, c. 24, Sched. B

Please note I am not a lawyer, however, I have had to research this for a problem I had myself a little while ago.

Hope it helps. Good luck.

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I find the site you posted to be very cumbersome and difficult reading because it covers all Statutes in all matters. I don't know if it applies to all of the Provinces. Simply, if the OP is in ONTARIO the Statute of Limitations Act in Ontario states that after Jan 01 2004 the Statute of Limitations on debt in Ontario changed from 6 years to two years from the last day the debt was acknowledged. "Acknowleged" means use of the credit card OR a payment.

Yes, it applies to all the provinces in Canada.

I realize it is cumbersome, that's why I said pay particular attention to the 'disclosure'.

With my case, I was given a bill more than two years after the apparent money should have been paid, but there never was a bill, as it was all done in cash.

The onus in this case was on the contractor, who should have known, or been aware of, or made attempts, to collect payment, during the two year time frame. Which he did not.

Unless he was in a coma in the sub-arctic, a person cannot produce a bill after two years have passed, when he should reasonably been aware he was owed money, and expect that he can collect. Otherwise what's to stop people like him from sending you a bill 10 years after the fact.

I did check with my own lawyer on this statue, because he had been threatening me over the phone and with email as well, to take me to court. Once I informed him of the statute, I never heard from him again.

Thought it was a good piece of legislation to hang onto, as it was hard to find.

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Originally Posted by Jake2008

Yes, it applies to all the provinces in Canada.

I realize it is cumbersome, that's why I said pay particular attention to the 'disclosure'.

With my case, I was given a bill more than two years after the apparent money should have been paid, but there never was a bill, as it was all done in cash.

The onus in this case was on the contractor, who should have known, or been aware of, or made attempts, to collect payment, during the two year time frame. Which he did not.

Unless he was in a coma in the sub-arctic, a person cannot produce a bill after two years have passed, when he should reasonably been aware he was owed money, and expect that he can collect. Otherwise what's to stop people like him from sending you a bill 10 years after the fact.

I did check with my own lawyer on this statue, because he had been threatening me over the phone and with email as well, to take me to court. Once I informed him of the statute, I never heard from him again.

Thought it was a good piece of legislation to hang onto, as it was hard to find.

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I am in the United States.