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-   -   Statue of limitations in nova scotia (https://www.askmehelpdesk.com/showthread.php?t=32928)

  • Aug 30, 2006, 06:43 AM
    michelle111
    Statue of limitations in nova scotia
    Can anyone tell me the statue of limitations of credit card debt in Nova Scotia and where I can call or find this proof.I was told there was no such thing but I know this is not true.
  • Aug 30, 2006, 12:07 PM
    CaptainForest
    You are correct, there is a SOL in Nova Scotia.

    It is 6 years on credit card debt.

    According to Nova Scotia's Limitation of Actions Act, section 2(e)

    Quote:

    (e) all actions grounded upon any lending, or contract, expressed or implied, without specialty, or upon any award where the submission is not by specialty, or for money levied by execution, all actions for direct injuries to real or personal property, actions for the taking away or conversion of property, goods and chattels, actions for libel, malicious prosecution and arrest, seduction and criminal conversation and actions for all other causes which would formerly have been brought in the form of action called trespass on the case, except as herein excepted, within six years after the cause of any such action arose;

    For “proof”, see Nova Scotia's website, where they put all of the laws online at: http://www.gov.ns.ca/legislature/legc/sol_m.htm

    And the link to the Limitation of Actions Act is here: http://www.gov.ns.ca/legislature/leg...s/limitatn.htm
  • Aug 31, 2006, 08:05 AM
    michelle111
    Thank you very much for this info.I have a debt from at least 6 years or more and am currently being contacted for payment it has dropped from my equfax report so it has to be at least 6 years.
  • Aug 31, 2006, 08:25 AM
    ScottGem
    6 years from when you incurred the debt or 6 years from when you last paid on the account? The code Captain gave you isn't clear on that. Its also possible the action was started within the 6 year period and a judgement obtained. Then taken the creditor time to find assets to attach.

    Frankly, I'm bothered by this idea and that laws even allow it. If a person enters into an agreement they should honor that agreement. They should look to duck out on the debt and let the government cover for them. I suppose its reasonable to require the creditor to obtain a judgement within a reasonable time, but once the judgement is obtained, it shouldn't expire until the debt is paid.
  • Aug 31, 2006, 01:34 PM
    CaptainForest
    Michelle,
    When was the last time you made a payment on this debt?

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