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    chitik's Avatar
    chitik Posts: 8, Reputation: 1
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    #1

    Sep 10, 2008, 02:34 PM
    Ontario - debt statute of limitations
    Hi, the debt collector sued me in 2008 for the debt of my credit card that was in 2001. I did not know that debt statute of limitations could be in effect during the court. I made an agreement of the amount to be paid and I am paying now my debt to collection agency on weekly basis. I do have a right according to the court decision to revaluate my case every 6 month period. Can I open the court case about this debt and stop paying to the collection agency due to statute of limitations . Thank you. Please, help.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Sep 10, 2008, 02:38 PM
    Quote Originally Posted by chitik
    Hi, the debt collector sued me in 2008 for the debt of my credit card that was in 2001. I did not know that debt statute of limitations could be in effect during the court. I made an agreement of the amount to be paid and I am paying now my debt to collection agency on weekly basis. I do have a right according to the court decision to revaluate my case every 6 month period. Can I open the court case about this debt and stop paying to the collection agency due to statute of limitations . Thank you. Please, help.


    I sure would try - this is an agreement, right? You aren't paying on a Judgment. Sometime people don't understand the difference but it appears you do.

    What happened to the lawsuit? Did you sign an agreement that if you default on the payments they can take a Judgment against you?

    I've seen these agreements become a new contract to pay, skirting the Statute.
    Justice Matters's Avatar
    Justice Matters Posts: 210, Reputation: 27
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    #3

    Sep 10, 2008, 06:25 PM
    It sounds like you filed a defence after being sued and your matter proceeded to either a Settlement Conference or a Terms of Payment Hearing where a payment plan was endorsed by the court (correct us if we are wrong). Your acknowledgement of the debt and/or subsequent payments would likely restart the limitation period.

    As for the six month review this is common with court endorsed terms of payment. At the review hearing either party may make submissions as to why the payments should be increased or decreased.

    The probability of successfully terminating an agreement that was endorsed by the court so that you can now argue the Statute of Limitations is low.
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