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  • Apr 24, 2007, 09:25 AM
    orvillezaste
    Statute of limitations Canada
    Hi
    I have a bank trying to collect for a loan I co-signed for, back in 1994. Is this legal? Anyone know?

    Orville
  • Apr 24, 2007, 10:27 AM
    Lowtax4eva
    Yes it'e legal, they can wait another 10 years and try again if they so choose. You signed for a loan and obviously didn't re-pay it, the debt never disapears. What your probably thinking of is the statute of limitations, which states that after 6-7 years (depending which province) they can no longer sue you and garnish your wages.

    So basically, it's up to you, you can pay it and they'll stop harassing you or refuse to pay it and they'll give up after a few months and pass the debt to another collection agency that may want to try collecting next.

    But, if you want to pay it and make it go away be prepared to pay it ALL and quickly. If you pay only part of it, then you are admitting once again that the debt is yours and the statute of limitations is no longer valid, meaning they can sue you for the remainder. Basically the statute of limitations begins on the date of your last payment, so if you made a payment some time after 2000, then my understanding is they can sue you.

    I've been reading up a lot on this, I have some old debts, some over the statute, some not.
  • Apr 24, 2007, 09:24 PM
    CaptainForest
    Who is to say the SOL has even expired?

    Just because the loan was SIGNED in 1994, doesn't mean anything.

    Was it a 30 year loan you CO-signed for?

    If so, maybe the person was making all their payments until 2006 in which case it has only been 1 year since the default.

    Also, SOL varies by province.
  • Apr 24, 2007, 09:42 PM
    Matt3046
    Is it statue or statute?

    https://www.askmehelpdesk.com/small-...ebt-64600.html
    Intervention for Canada Student and Consumer Debt and Loan Problems, Troubles and Defaults :: Index
    Debt Write-off Regulations, 1994
  • Apr 24, 2007, 09:46 PM
    CaptainForest
    It is "statute" Matt.

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