Ask Experts Questions for FREE Help !
Ask
    Lorian99's Avatar
    Lorian99 Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Nov 4, 2011, 08:59 AM
    Statute of limitations on a judgement ontario?
    Re: Statute of limitations Ontario. I was in a car accident in 1987. There was a judgement against me for $54,777.00. I filed bankruptcy and was told it was absolved. Last year 2010 while I was out of province,the other party took it back to court and my drivers licence was suspended for non payment. How can this happen? Now what can I do?
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
    Expert
    		  
    #2

    Nov 4, 2011, 10:26 AM
    Quote Originally Posted by Lorian99 View Post
    Re: Statute of limitations Ontario. I was in a car accident in 1987. There was a judgement against me for $54,777.00. I filed bankruptcy and was told it was absolved. Last year 2010 while I was out of province,the other party took it back to court and my drivers licence was suspended for non payment. How can this happen? Now what can I do?
    Statute of limitation would have run out six years after, that is six after 87.There may be some more to your explanation here and if you will be willing to share anything you can think of, would help offering a more qualified answer.

    Yes, it is unusual for this to happen. The statute of limitations would start all over again if someone, yourself, had offered payments or given them a payment.

    Tick
    Curlyben's Avatar
    Curlyben Posts: 18,514, Reputation: 1860
    BossMan
    		  
    #3

    Nov 4, 2011, 10:39 AM
    Judgements NEVER expire as they are exempt from SoL, but the fact you filed Bankruptcy would make a difference to the whole picture, assuming it was included.
    kcomissiong's Avatar
    kcomissiong Posts: 1,166, Reputation: 276
    Ultra Member
    		  
    #4

    Nov 4, 2011, 11:59 AM
    As Curlyben noted, the SOL is not at issue since there was a judgment. Judgments are also renewable in many places (I'll post the renewal period for Ontario as soon as I find it). Additionally, the following judgments cannot be discharged in bankruptcy:

    # Student loans less than 10 years old.
    # Child and spousal support.
    # Fines and most court ordered restitution payments.
    # Court awarded damages for sexual assault or intentionally inflicting bodily harm
    # Debts that arose as a result of fraud or theft.
    # Certain government overpayments.

    If this judgment is for court ordered restitution to the other party in your accident, you are stuck. You still owe it and it is still collectible.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Statute of limitations ontario? [ 0 Answers ]

In 2006 a second mortgage was taken out by me for the sum of $35000 from a private lender. The first 12 months repayments were pre-paid from the proceeds of the mortgage advance. The mortgage term was defined as per the mortgage deed specifically as 12 months. The anniversary of the borrowing...

Statute of limitations ontario? [ 1 Answers ]

I have a debt from 1998 & they have just contacted me now is that allowed I mean we are in 2011 now

Statute of Limitations - Ontario [ 9 Answers ]

Hi, This is in reference to a consumer debt by the way. I have read that the Ontartio sTatute law was modified Such that any debt as of jan 1 2004 was "sue-able" within 2 years , any debt before that was "sue-able" for up to 6 years. Is that correct? Also, assuming I encounted a debt in Sept...

Statute of limitations in ontario [ 2 Answers ]

My kids are now 20, 19 and 16. Ten years ago they were chased, harassed and on one occasion when being chased, my son was touched in an attempt to grab. This was all perpetrated by a psychotic neighbor who thought this cottage-like street was "his". I never had him charged as this happened at my...

Statute of limitations, Ontario [ 1 Answers ]

Does the current 2 year statute of limitations (on consumer debt) also include money a lawyer claims he owes you?

View more questions Search