by footloose » Wed Feb 16, 2011 11:26:39 AM
Based on the information that you have supplied, this debt is statute barred. That means that the creditor cannot sue you in a court of law. In order to garnishee your commission or salary, the creditor would have to sue you and get a court judgment in order to garnishee your income. In Ontario, there is legislation called the Limitations Act, 2002 which simply says that if a debt is more than 2 years old, the creditor is barred from suing you. That doesn't mean that the debt disappears; it simply means that a creditor cannot sue you, take you to court and get a judgment from which they can get a garnishee.
The next time that a collector contacts you about this debt, tell him/her that you dispute this debt and request that they initiate legal proceedings and take you to court. Follow up this telephone call with a letter to CSR sent by registered mail confirming your telephone call, that you now dispute this debt and request that they take you to court. You won't hear from them again.
If on the oft-chance that you receive a Statement of Claim regarding this debt, report back immediately on this website.
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