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    jprudence8's Avatar
    jprudence8 Posts: 3, Reputation: 1
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    #1

    Jan 5, 2010, 02:07 AM
    Can small claims court garnish wages outside canada
    If the SOL passed 2 years (debts in Ontario like credit cards, line of credit), and if you are living outside of Canada. Can they garnish my wage if you I am earning outside Canada?
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    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Jan 5, 2010, 09:32 AM
    Quote Originally Posted by jprudence8 View Post
    If the SOL passed 2 years (debts in Ontario like credit cards, line of credit), and if you are living outside of Canada. Can they garnish my wage if you I am earning outside Canada?
    A Canadian statute of limitations would not necessarily prevent a foreign court from entering a judgment on a case filed after the end of the limitation period. So, for example, a court in a U.S. state could enter judgment against you after, say 2 years and 3 months (to whatever the SOL in that state says). But the plaintiff would have to file suit against you in the country you are working.
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    #3

    Jan 5, 2010, 04:54 PM

    Thanks very much AK Lawyer.

    Just a follow up question say for example, If I have debt in Ontario, Canada and I am living in California, USA the plaintiff could still take me to court depends on the SOL of the State of California I am living and if the SOL has not passed? Do you know any link I could check the SOL of the sate of California? Thank you very much.
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    #4

    Jan 5, 2010, 05:21 PM

    Hello again AK Lawyer.. Further to my question, If I am a resident legal alien of a specific State in the USA, am I protected under the Fair Debt Collection Practices Act (FDCPA) US though I am a Canadian citizen. Or the Canadian Act protects me and the FDCPA does not apply to me.
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    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Jan 5, 2010, 10:20 PM
    Quote Originally Posted by jprudence8 View Post
    ... Do you know any link I could check the SOL of the sate of California? ...
    Four years.

    CA Codes (ccp:335-349.4)
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