Everyone makes mistakes.

Hmm, I forgot to read on:

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Same

(10) Subsections (1), (2), (3), (6) and (7) do not apply unless the acknowledgment is in writing and signed by the person making it or the person’s agent. 2002, c. 24, Sched. B, s. 13 (10).
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I stand corrected.

I agree with you Angela. I wrote letters to collection agencies in the past without them being signed. When they tried to tell me my letter was good, I would say so me the letter that I signed. They hated me.

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_02l24_e.htm

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Acknowledgments

13. (1) If a person acknowledges liability in respect of a claim for payment of a liquidated sum, the recovery of personal property, the enforcement of a charge on personal property or relief from enforcement of a charge on personal property, the act or omission on which the claim is based shall be deemed to have taken place on the day on which the acknowledgment was made. 2002, c. 24, Sched. B, s. 13 (1).
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Doesn't say anything about it needing to be in writing. As stated earlier, it will be up to the discretion of the judge or JP.

What a crock!

I don't know what province you're in... check your limitations act in your province, but in most for sure... if not all... the acknowledgement must be in WRITING... not verbal.

The verbal thing is a collection agency lie. Also, sometimes, used by collections lawyers.

As long as you never send anything in writing you should be fine... again, check your limitations act to be sure. If you feel you must write something then be very cautious as some pretty innocent wording can constitute acknowledgement.

And, no, it is not "up to the judge". They're bound by the laws the same as any of the rest of us.

Obviously in writing and signed would be the most convincing, but if you admit to a debt verbally (i.e. over the phone), this too may be construed as as acknowledgment.

It doesn't help when you write a letter and sign it acknowledging you owe the debt. I believe a judge would honor the letter. When I send a letter I never sign it, for the simple fact I can deny it if I have too.

What constitutes "acknowledgment of a debt" would typically be left up to the discretion of the judge (if it went to court).

Acknowledgment does not necessarily have to be in writing, but simply returning a call would not count.

The SOL would be 6 years if the debt was incurred prior to Jan 1, 2004.

I believe the SOL in Ontario is two years. I believe the acknowledgement has to be in writing and signed.

Our business closed in Mar 06. Collection agency says we owe money on a bank loan which we did not have a loan only overdraft (is this a loan?) acct # for loan does not match anything we have not even bank acct #. They say SOL is 6 years from acknowledgement, which they are stating that when we called them after they left a message this was acknowledgement and even our lawyer contacted them and said the same. Is this true can they treat every time they call or you return their call even though you say you did not owe this money as acknowledgement? Can they sue us?