For future reference, Joe, given that you’ve taken offence to being called out on this theory, perhaps you should learn how to better articulate your future posts so that they reflect your true position – an opinion/theory/experience, rather then painting them in such manner that portray a fact or law [supposedly] supported by concrete research.

My guess is that if you fine tune your comments prior to posting them, you’ll spend less time in the question box. Something to consider…

Ottawa Chap,

The advice I give people on here; is how to settle their debts and many on here so far are very happy with my advice. I believe if you have a debt and its past its statute of limitation; I believe it still should be settled.

Cheers

Listen hear wannabe Raymond. I always believed that a creditor will sue you in the province that you signed the contract and that’s from my personal exeperience.The reason I say that a creditor can sue you in another province, is coming from someone in the debt settlement business. Even they stated it depends on the creditor because if you move around the creditor has the option if it’s in their contract. The majority of people that default usually do not move around. If you think you’re going to come on here and start insulting people no one is going to be impressed; it won’t be long before your gone just like your buddy Raymond.

So now, Joe, given that you can't support your claim from Sept 6th: "I did answer and its where you signed", your view has changed to the S.O.L. "is kind of a grey area". LOL!!

And that goes to show, Joe, you have been talking out of your rear this entire time! You've failed to support your theories with facts, therefore, your creditability is on par with that of a collection agent's in my eyes.

its the province of debtors residence and even city. because you cannot incur more debt to the debtor

The statute of limitation is kind of a grey area. If you read the credit cards contract; they might state they can sue you in the province you signed the contract, where you lived at the time of default or where the credit card company is based out of and in most cases the majority of credit card companies are in Ontario. If a creditor sues you and they are awarded a judgment; it won’t matter what the statute of limitations are then.

Joe,

I've given both of these links a quick scan, but failed to catch a section that covers [geographacially] where the S.O.L. begins. If you saw a specific section that directly relates to this topic, please point it out.

On a separate note, Adjournment upon insufficient service is covered to a degree:

24 (1) Where a defendant does not appear at the hearing and the adjudicator is not satisfied that the defendant has been served with the claim and notice of the time and place of the hearing, the adjudicator

(a) shall adjourn the hearing to another day to provide an opportunity for service on the defendant; and

(b) may give directions as to the manner and sufficiency of such service.

(2) Where the defendant does not appear at the hearing on the date to which it has been adjourned and the adjudicator is satisfied that the defendant has been served either personally or in such manner as may be directed in accordance with subsection (1), the adjudicator, if satisfied on the evidence as to the case of the claimant, may make an order against the defendant. R.S., c. 430, s. 24; 1992, c. 16, s. 122.

Ottawa chap,

Here are a couple of links that should give you some insight on the process in Nova Scotia.

http://www.gov.ns.ca/legislature/legc/statutes/smallclm.htm

http://www.gov.ns.ca/just/regulations/regs/sccfrmpr.htm

If he has time he will; he works at the Supreme Court of Canada. If you’re not in court to fight it; I can’t see a judgment getting overturned. The creditor would not waste their money on a lawyer to sue you on a debt pasts it’s limitation; knowing you might show up to dispute it. I have two judgments against me and they made sure they sued me way before the limitations expired. The only time a creditor will spend the money to sue you are; when they know you have assets or if you work for the government and etc.

Joe, while you're there, ask your friend for the name of the legislation that governs where the statute of limitations start. It’ll spare all of us the leg work of having to do your homework for you.

Also FTR: If you re-read my comments with respect to being served, you’ll note (or at least should) that I never claimed those weasels wouldn’t try to slip through a default judgment. If they serve you by personal service, though, they have to swear a court affidavit that personal service was effected before they can circumvent the court mediation process and apply for a default judgment. Collection agents obviously are not above telling lies – that portion was never in question.

Regardless, even if they do successfully slip one through, there are processes available for having such a decision overturned – so long as there is a valid defense (i.e. limitation period has expired).

http://www.fair-debt-collection.com/searches/default-judgments.html