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-   -   Statute of limitations credit debt canada (https://www.askmehelpdesk.com/showthread.php?t=774783)

  • Nov 11, 2013, 10:19 AM
    fobster
    Statute of limitations credit debt canada
    Hi,

    I am now living in the US. I did my school back in Toronto and I owe credit card debts. I left Toronto two years ago. They recently contacted my old supervisor to get in touch with me. I know that my last payment was in 2011 November so I think its almost reaches the limit of statue of limitation. They want me to call them. Do I need to call them? And if I call and not acknowledge the debt, what would happen?

    I like to call them because I hope that they would not my previous boss anymore. Is that a wise move?

    Thanks,
    AJ
  • Nov 11, 2013, 10:29 AM
    excon
    Hello f:

    I think you misunderstand the statute of limitations. You'll ALWAYS owe the debt, and they can KEEP on trying to collect from you FOREVER. The only thing they CAN'T do, is sue you.

    excon
  • Nov 11, 2013, 10:34 AM
    ScottGem
    And, if they file suit against you, even if they don't know where to find you, it stops the SOL from running. As long as they file before the SOL runs out.
  • Nov 11, 2013, 11:46 AM
    fobster
    Thanks for your replies,

    I understand that I will always owe the debt. But Is there anyway to stop them from contacting my former employer?

    And what happened if I did not acknowledge the debts when I contact them?

    AJ
  • Nov 11, 2013, 12:06 PM
    joypulv
    Your employer is free to order them not to contact them.
    Not acknowledge the debt? If you are hoping that means something, you are wrong. All they need is proof of the debt (not requiring your signature for collection and court) and a judgment against you. Then they have forever to collect.
  • Nov 11, 2013, 01:02 PM
    fobster
    So what should I do now? Should I contact them back and what I should say? I now this is not ideal but I cannot afford to pay back my debt now.

    Thanks a million for your help.

    AJ
  • Nov 11, 2013, 02:30 PM
    ScottGem
    Can you afford to have your salary garnished? If they sue you and win that could happen.

    You should try to see if they will offer some settlement.
  • Nov 11, 2013, 02:30 PM
    ScottGem
    Can you afford to have your salary garnished? If they sue you and win that could happen.

    You should try to see if they will offer some settlement.
  • Nov 11, 2013, 03:26 PM
    AK lawyer
    In any event, I would be very surprised if the SOL is as short as two years. This suggests that it is much longer than that.
  • Nov 11, 2013, 04:48 PM
    fobster
    What happened if they sue? The problem is that I am not a Canadian citezen and I am not living in Canada anymore. Would I have to get a visa and come to Canada to appear to the judge?

    I only owe about 3-4k and is it likely they will sue me internationally?

    AJ
  • Nov 11, 2013, 05:11 PM
    ScottGem
    Yes, Canada and the US have treaties. If they know where you work, they can apply for a garnishment once they get a judgment. You do not need a visa to travel to Canada from the US.

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