Every time I ask about the Limitation Act I get same answer but not the full answer I need to sleep at night. I am 'creditor proof' because my only income is CPP OAS GIS and I have no assets. I have debts from before I retired. On the advice of a trustee I have decided to 'do nothing' because I have nothing anyone can take from me. On this site you quote the 2004 Ontario Limitation Act, Chapter 4 (I cannot find Chapter 4). Here is my question: Two of my creditors(banks)will sue me in small claims court. I'll go and play my part (dotty old vet) but I am sure there will be 2 judgements against me when I leave the court. If the 2 judgements cannot be collected or acknowledged after 2 years do they become unenforceable (kaput) or do they go on until I lie in Flanders Fields?

I don't know what you mean that we quote the 2004 Ontario Limitation Act. Don't worry about chapter 4, here is the information for the statues of limitations on debt throughout Canada.

* British Columbia - Section 3 (5) of the BC Limitation Act sets 6 years as the limit for debt.
* Alberta - The Alberta Limitations Act sets 2 years as the term which is extended to 10 years if there is a judgement.
* 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.

I am assuming you live in Ontario because you site the Ontario act.

The statute of limitation of six years means that if no judgment is awarded, no contact is made to the creditor, no mail, no offer of payment, then in six years from the date of the debt, creditor cannot collect. It doesn't mean a third, four or fifth party collection agency will not try, but as long as you don't return their calls, don't worry about them. Creditor sometimes cut their losses and sell the debt to a second party for so many cents on the dollar, therefore recouping some of their loss.

Yes, they become unenforceable, uncollectible six years from the date of the original dbt.

Is this clear, now can you sleep.

Let me point out that if all of your OAS, CPP and GIS is deposited in your bank account through automatic deposit, that money shows up in your account as fair game because no one but you (and the gov't. Actually knows where it comes from). Be on the safe side and cancel all of your automatic deposits from the gov't and have all cheques sent through the mail.



Ms tickle