Collection Agencies - statute of limitations - Canada

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RE: statute of limitations

Postby average_joe » Sat Apr 04, 2009 06:42:05 PM

The two year rule is thrown out the door once they get a judgment. The two year rule is for them to sue a person within two years. I have a judgment now and its good for ten years and they can renew it for another ten if they want. The max.is twenty years. In most cases they do not renew after the ten year mark because most people end up settling their debts. The judgment can hurt your credit for only six years from the date it was filed.
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RE: statute of limitations

Postby rico1971 » Sat Apr 04, 2009 06:24:20 PM

Ok, that sounds right. My next question is ...with the judgement they have.does the 2 year limitation still apply?? Or once they have a judgement ...they can collect on it even after 10,20,30 years???
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RE: statute of limitations

Postby average_joe » Sat Apr 04, 2009 05:46:21 PM

The judgment will remain on your credit file for six years from the date it was filed. The judgment is probably good for ten years but it can only affect your credit for six years.

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RE: statute of limitations

Postby rico1971 » Sat Apr 04, 2009 05:37:33 PM

so once they have the judgement, the statute of limitations no longer pertains?
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RE: statute of limitations

Postby RichardC » Sat Apr 04, 2009 05:30:09 PM

The limitation period is a moot point if they already have a judgement... its something you need to bring up before the trial or in the trial.
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statute of limitations

Postby rico1971 » Sat Apr 04, 2009 02:56:07 PM

I had a judegement against me in apr/06 on a default loan. The last payment was in Nov/06. I then moved away, they now have contacted me saying i owe the rest of the balance. It is apr/09, over 2.5 years after the last payment. I thought the statute was changed in 04 to a 2 year rule. Do they still have a legal rights to come after the balance and doesn't the statute apply in this case?
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