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Tbacon · Mar 15, 2007, 04:43 AM

I have a court order Debt that has just been brought to my knowledge by Notice of Examination Order. This date occurred in 1996 or 1997. My question is can they still sue me for this money or do I have rights under the Statute Of Limitations.

mr.yet · Mar 15, 2007, 04:51 AM

Under SOL they the collector have a time limit on filing Suit, if they are beyond that the Suit will have to be dismissed, it has not legal standing.

It does not mean you don't owe the debt, it just they cannot sue.

Tbacon · Mar 15, 2007, 05:07 AM

I need to know what that limitation is thou..?

mr.yet · Mar 15, 2007, 05:14 AM

What state do you live?

Google Debt statue of limitation by state

Tbacon · Mar 15, 2007, 05:18 AM

Ontario Canada

These debts were from 10yrs ago when I was going out with her,, she decided to go to a paralegal just this year for something else and basically asked him what he could do about my debt and then I get this examination hearing order in the mail and I have to go to it tomorrow

mr.yet · Mar 15, 2007, 05:31 AM

Contact Captain Forest in this sitem he know about canadian sol

I do believe it is 6 years in Ontario

Tbacon · Mar 15, 2007, 11:42 AM

I tried to contact Captain Forest but he is not online,, Found out a Judgment was granted to her Feb/95 it was then transferred to the city I live in. Went to the court house today to find out what it was about and they informed me it was transferred back to her city.
With it being granted through the courts already does the SOL even apply.

Justice Matters · Mar 15, 2007, 12:35 PM

Since a judgment was issued against you in 1996 any limitation period with respect to bringing a lawsuit is likely irrelevant.

Judgments obtained before January 2004 remain enforceable for up to 20 years.

If the Notice of Examination was the first you ever heard of this lawsuit then it may be possible to have the judgment set aside so that you can file a defence. Otherwise, you will need to attend the Notice of Examination in person or risk having the matter proceed to a Contempt Hearing.

Tbacon · Mar 15, 2007, 12:49 PM

So she can still try and get this money from me after 10yrs even thou I didn't know about it?? Plus charge me all that interest. What help is the SOL for people like me? What I don't understand is that she said she couldn't find me to serve me but she could get ahold of my mother and she didn't even ask what my address was or tell me mother for me to get ahold of her. So let me get this straight because she put it through the court in 1995 that means the SOL doesn't apply to it.

So let me ask this if that was the last judgement and it hasn't been renewed is the judgment still good?

ScottGem · Mar 15, 2007, 12:59 PM

Did you sign a contract?

Its possible she fudged the notification of the original hearing so she could get a default judgement because she has no case. This would lead me to doubt it hasn't been renewed.

But really you are looking up the wrong angles here. You go to the hearing tomorrow. You ask her to produce proof that she attemtpted to properly notify you when she originally bought suit. You ask her to produce proof of the original debt and that it wasn't paid. If she can't provide such proof you ask the judge to vacate the judgement and dismiss the case.

Justice Matters · Mar 15, 2007, 01:02 PM

Your biggest concern ought not to be the statute of limitations but rather setting aside a judgment you knew nothing about. If the judgment is set aside you will be able to file a defence. Even if you owe the money there are defences that can be filed to make the debt manageable and to minimize interest.

Justice Matters · Mar 15, 2007, 01:07 PM

We just read ScottGem's answer while we were composing our last post. Be advised that at the examination hearing the court will not ask the judgment creditor to prove her claim since the existence of a judgment means that it has already been proven albeit by default.

Furthermore, an examination judge does not have the power to set aside judgments and the only way the court can do so is by way of a motion.

The only thing the judge could do for you tomorrow is adjourn the hearing in order to give you time to bring such a motion.

Tbacon · Mar 15, 2007, 01:17 PM

So in this hearing examination she doesn't have to provide proof?? The court that the hearing is at doesn't even have the judgment to provide me!! So how the heck to I find out if this whole thing is legit or if the judgment has to be renewed. It seems she the only one that has the judgment on paper.

Justice Matters · Mar 15, 2007, 01:27 PM

To find out about the particulars of the judgment you would need to view the file at the originating court or obtain copies from the creditor directly. Either way, an adjournment is the best way to go so that you can assess your options and act accordingly.

Tbacon · Mar 15, 2007, 01:37 PM

Thank you for all your help hopefully it goes well tomorrow

ScottGem · Mar 15, 2007, 03:34 PM

I defer to Justice's greater familiarity with Canadian courts. But, while the judge at this type of hearing may not be able to do anything about the judgement itself, the hope is that he will adjourn the hearing so you can bring motions along the lines I suggested.

CaptainForest · Mar 15, 2007, 04:43 PM

Debt that arose before Jan 1/04, 6 years of SOL
Debt arising Jan 1/04 or later, 2 years of SOL.

So 6 years would apply in your case.

HOWEVER…………………………………………………………………….

The SOL ONLY applies to them filing an action. If in fact they have obtained a judgment, the SOL on debt does NOT apply to you.

Rather the SOL on collection of a judgment will apply to you which I believe is 20 years in Ontario.