Check out some similar questions!

denny123 · Apr 16, 2011, 03:39 PM

Today I received two letters from Global Credit regarding 2 outstanding unsecured debts from Ontario, Canada. Currently we live in the US I had no income for 2 years and could not pay the debts. They would not work with me at the time. I have not paid these since April 2005. Apparently they had a judgement filed against me shortly there after. I never received a notice of judgement and now after 6 years I have received these notices. Am I still legally obligated to contact them and pay them. I understand there is a limitation of two years on this. So do I just chuck them or respond and tell them they are S.O.L. because they are over the limit.

Fr_Chuck · Apr 16, 2011, 04:13 PM

Where did you get an idea there is a two year limit ? That is before they get a judgement, since they got a judgement, unless you get the judgement over turned for some reason, there is a valid judgement that lasts for years, and can be renewed again after that.

denny123 · Apr 16, 2011, 06:09 PM

If you look at the Canadian laws it states that As of the Ontario Limitation Act 2002 the was enforeced as of Jan. 1,2004 It sets a two years term for limitations if you defalt after Jan. 1, 2004.

ScottGem · Apr 16, 2011, 06:48 PM

Sorry, but you need to understand the law before you quote it. The actual statute states: "Unless this Act provides otherwise, a proceeding shall not be commenced in respect of a claim after the second anniversary of the day on which the claim was discovered. 2002, c. 24, Sched. B, s. 4." Limitations Act, 2002, S.O. 2002, c. 24, Sched. B

As soon as legal action is initiated the clock stops. Once a judgment is issued, they have 10 years to collect and can renew for another 10.

Your only recourse is to fight the judgment based on your not being served notice of the suit. But even if you win that, they will just serve you again and get a new judgment.

You are ALWAYS obligated to pay your contractual debts. Whether an SOL or a judgment expires, your obligation never expires until the debt is paid.

Fr_Chuck · Apr 16, 2011, 06:51 PM

The two years is how long they have before they can no longer take it to court, obviously they did, since they got a jdugement, a judgement is not limited by the 2 year

denny123 · Apr 16, 2011, 07:05 PM

To be honest I am not a lawyer-obviously!! But I did not understand what a judgement had to do with all this. I did later try to solve part of the debt but of course if you don't have all the money at once they don't want to talk. Thank you so much for giving me all this information. It really helps me understand better. Now my next question .I know I owe part of the money but they put my husband on this collection and he filed bankruptcy 4 years ago including these people. He did inform them of his bankruptcy and now these letters what should we do?

denny123 · Apr 16, 2011, 07:06 PM

Thank you for your help. I don't know when they took it to court but I am sure they made sure they did it before the two years. But I will have to find out since I was never served with the papers.

Fr_Chuck · Apr 16, 2011, 07:31 PM

Now that is the issue, they may have waited to after the two years, and if there was not proper service, you may have grounds to appeal.

Also if you "tried to settle or work out" with them, that started the time clock all over again, once you pay them a penny on the debt.

ScottGem · Apr 16, 2011, 07:34 PM

Your husband could not, legally, discharge your debt as part of his bankruptcy. If he was able to then you send a copy of the discharge to them. But I think they will argue that it wasn't his debt to discharge. It also isn't his debt for them to collect on.