Trust and Loans - Statute of Limitation for personal loan in Quebec - Canada

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RE: Statute of Limitation for personal loan in Quebec

Postby TJ.brooks » Thu Dec 20, 2012 06:35:24 AM

You could garnish his salary, assuming he makes a decent wage.
Can only seize what he owns outright. Could put lien on house if he has.
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RE: Statute of Limitation for personal loan in Quebec

Postby Markbloom » Thu Dec 20, 2012 05:26:00 AM

I was told there would be some type seizure or garnish enforced by the court. Not sure if this is entirely true.
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RE: Statute of Limitation for personal loan in Quebec

Postby TJ.brooks » Wed Dec 19, 2012 07:35:11 PM

Then you have a case....but even if you win...how do you plan to collect on the judgment?
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RE: Statute of Limitation for personal loan in Quebec

Postby Markbloom » Wed Dec 19, 2012 03:44:07 PM

Cheques were not cashed because he advised me that he didn't have funds in his account. After that he closed his chequing account. I really tried to work with his situation. The loan was given to him Sept 2006, payment back was to begin December 2006 as per the signed agreement. Of course he disappeared and did not start paying until Oct 2008.

First payment began Oct 2008 steadily until Dec 2011. There was only a two year gap.
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RE: Statute of Limitation for personal loan in Quebec

Postby TJ.brooks » Wed Dec 19, 2012 09:54:14 AM

Let me rephrase.....since 2006 was there ever a gap of more then 3 years between cashing checks?
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RE: Statute of Limitation for personal loan in Quebec

Postby TJ.brooks » Wed Dec 19, 2012 09:51:11 AM

Since 2006 what checks have you cashed...?

Were they steady until last year?
How much time between all the checks up to last year?
Were they monthly? constant?
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RE: Statute of Limitation for personal loan in Quebec

Postby Markbloom » Wed Dec 19, 2012 08:11:13 AM

I'm happy to hear this.

I filed a claim just last week. As proof, I have the original email dating back to 2006 where he confirms the loan, uncashed post dated cheques which he begged me not to deposit due to lack of funds, receipt copies with his signature that I had him sign each time he gave payment up until the last one that goes back to last December.

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RE: Statute of Limitation for personal loan in Quebec

Postby TJ.brooks » Wed Dec 19, 2012 02:58:32 AM

Yes.....Statute is the same for this type of debt.
If he made a payment a yr ago, you still have 2 yr. The SOL is 3 yrs in Quebec. However best to do it now and file a claim.
Recordings do not count.....must be written and signed acknowledgment.
What record of payment do you have? Was it a check was a reciept given?

Quebec – Civil Code of Quebec, S.Q. 1991, c. 64, art. 2925. sets 3 years as the limit for debt

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Statute of Limitation for personal loan in Quebec

Postby Markbloom » Tue Dec 18, 2012 11:39:03 PM

I loaned a friend some money back in 2006. He was making payments up until a year ago, then decide to stop. I have written agreements signed by him acknowledging the debt for the balance owed. I had made him sign a new agreement three years ago as well as taped conversation that took place a year ago where he's promising to pay me back.

Would the statute of limitation prevent me from collecting the balance if I decided to file a claim? I have heard typically the SOL starts from the date of last activity or last payment which is a year ago. Is this valid?
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