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siva2006 · Dec 5, 2006, 08:19 AM

Hi I had a car loan in New Jersey, I lost my job and came to Ontario. I couldn't pay the payments after I came to Canada. I had the car parked in NJ, I asked the bank to repossess it. They sold it for less. Now they are after me for the money. I want to pay them in full, but in monthly payments, they are asking for lump-sum and huge monthly payments or they would file a law-suit against me. Can they sue me after two years? It happened in 2004. Please help, I was wondering if the basic 2-year limitation period apply. They are dealing with me through a Canadian law firm.

Thanks

excon · Dec 5, 2006, 08:24 AM

Hello siva:

I don't know about the "basic" 2 year term you're talking about. Every state I've looked at has 8 - 10 different statute of limitations given the circumstances. MOST states have a 3 year statute of limitations on civil suits.

Seems to me you could look that up online.

excon

siva2006 · Dec 5, 2006, 08:29 AM

Hi excon,

I am talking about the Ontario Limitation Act,In 2004 Ontario introducted two limitation periods, 1. Basic (2 Year) 2. Ultimate (15 year). I am not sure if my case fits into the Basic period. If that's the case, I am safe. If not I am screwed.

excon · Dec 5, 2006, 08:35 AM

Hi again, siva:

Wouldn't it be nice if that is that standard they'll use. However, you contracted in NJ - not Canada, and those are the standards in use.

You're screwed!

excon

siva2006 · Dec 5, 2006, 08:40 AM

Hi excon,

My lawyer doesn't believe so. I am a Canadian Citizen living in Canada. They tried to contact me through a NJ law firm and didn't work. They handed over the responsibilities to a Canadian firm. They are going through the Canadian regulation and working with a Ontario law firm. I believe they cannot apply the NJ regulation when I am residing in Canada. That's my understading and what my lawyer says..

excon · Dec 5, 2006, 08:51 AM

Hello again, siv:

Well, far be it from me to argue with a lawyer, but for the first time in my life (lol), I'm going to. I think you're lawyer is wrong.

If you don't pay, ask him where they're going to file suit. Canada? Nope! It's going to be in NJ.

Think about it. You signed loan papers based upon NJ law. How can those laws be adjudicated in Canada? If you stole something in NJ, how could that be handled in a Canadian court?

If your case is going be based on NJ law, and it is, then NJ statute of limitations will apply.

Of course, I could be wrong... I was wrong back in '02...

excon

siva2006 · Dec 5, 2006, 08:58 AM

I understand your point. Do you know that I don't see any of my USA loans (secured/unsecured) on my credit history in Canada. It doesn't cross the borders. If it's going to be based on NJ law, they wouldn't work with an Ontario law firm. Lets say that I don't make any payments and the judge orders to garnish my wages. How could they do it in NJ when I am in Ottawa? The SIN numbers are different... Anyway, I am trying to get more information about it. Lets see.. I will keep you posted..

Thanks

excon · Dec 5, 2006, 09:10 AM

Hello again:

Do you know that I don't see any of my convictions on my record when I run a criminal background check on myself?? And, that means what exactly??

In my view, they're working with the Ontario law firm because they're local to you. I don't know. If it was me, I would have hired a NJ law firm. Maybe the bank lawyers are dufus's too.

IF you're sued in NJ, and you lose, I believe the American judgment CAN be levied on you in Canada. If judgments could be avoided by simply moving, there would be a whole lot more moving going on.

excon