In ontario there is such a thing as no fault insurance, which means - although he was at fault - I had to sue my own insurance company. It took me 6 years to get an miserable offer which didn't cover all the medical and legal expenses I had incurred during that time. My option was to turn down the offer - and go back to court - and wait an additional 4 years. Lawyers need a minimum $20,000. retainer to start an action. The drunk - had been charged 6 times before - and had nothing to his name. Sometimes there are circumstances beyond our control - I still managed to stay out of bankruptcy and negotiate most of my debts.

anyway - I posted on this site for some helpful recommendations - not sure why your posting to this thread - nothing better to do? I'm sure there's other sites out there that would be more suitable to you. Google "anal" and see if your name comes up.

Why didn't you sue the drunk driver? You know, the person who caused you harm and grief? Then why didn't you use that money to pay your debts?

If you did sue this person and are still in debt, you obviously spent your payout on alcohol and other stupid consumer goods.

If you did not sue this person, you made a serious error.

Interestingly enough, I know a guy who was hit by a drunk driver, suffered serious brain trauma... but you know what? He sued, is out of debt, and has a good paying job. Excuses excuses.

Okay first you need to know if its a small claim or superior court judgment.

You'll need to file a motion with whichever court the judgment was obtained to have it thrown out. This will require a sworn affidavit by you with your statement as to why the judgment should be removed.

There is more info at the ontario court site and min of attorney general site.

http://www.ontariocourts.on.ca/ocj/en/

http://www.attorneygeneral.jus.gov.on.ca/english/justice-ont/lawsuits_disputes.asp#suing

thank you for the input

when I was reading recently that you have to be served - bells went off - because I was never served. So I was hoping that based on that - I could dispute this. Can't seem to find any lawyers that know anything about this - it's also small potatoes for them - and they are not interested. I've been negotiating with creditors - and paying off debts - but this was for a debt that my ex had - but it was in both our names.

If you were never served then it's likely you could dispute a DJ.

But if you were served and didn't file a notice of appearance or a statement of defense then you will find it really hard to have the judgment thrown out.

Also the SOL for a judgment should be 10 years in Ontario, if I recall correctly. And they're renewable previous to the SOL being reached for another ten years.

I would love to be able to pay my debts - however an accident with a drunk driver left me with a spinal cord injury. It has caused sever financial hardships, I'm proud to say that I've managed to avoid bankruptcy by negotiating debt with creditors, thanks due to advice on this site all while raising 3 kids as a single mom, and working 2 part time jobs.

Somehow putting food on the table and paying the hydro was a bigger priority than these judgments, jeeze what was I thinking.

Mr. Lemon - did you ever consider applying for a job as a collection agent??? I realize that might be a bit of an insult (to the collectors), because most of them were pretty reasonable to deal with when they realized that I was trying.

Mr. Lemon....what an appropriate name.

Seriously, only a loser would even care about the SOL. If you owe someone money, the right thing to do is to pay it. Doesn't matter if it's 10 days old, 10 years old, or 100 years old. That's that. Stop drinking, be responsible, and pay your debts.

I would contact a lawyer that knows about judgments.

I have 2 default judgments against me - can they be disputed - as I know these companies do not have proof of the debt - and it was over the 2 years sol.

thanks - great site