Well I try a been more than 7 years, all derogatory has been droped from my credit report. Now I just got a 1099c from IRS from Bank of America they claim they filed in 2019. Can they do that ? Is there a statute of limitation on filing 1099? Thanks
Hello, I have an account in the 2018 collection. I have received an email from a lawyer that if I do not make the payment, he will take me to court. I wonder if they can do it? Since this debt has been in collection for 3 years and I know there are limits in each province, I live in Alberta.
In alberta its 2yrs Make a statement of defense with the judge bring it to their attention then strike a motion to dismiss then sue them for bringing it up after expiration with the FDCPA-(Fair Debt Collection Practice Act)
If someone is sued in small claims court and the assigned date for a hearing is past the statute of limitations (even though they filed the case prior to the expiry date) is the SOL still a defence?
Do you know anything about the MSB collection agencies for municipal state collection on traffic tickets? Do you know if there is a statute of limitation with that agency - will the tickets fall off after seven years?
I have a question about MSB collection agencies. That is municipal state collections for traffic tickets, etc. Is there a Statute of limitation for traffic tickets? Will they ever fall off after 7 years?
Hello, I have an old cell phone debts with bell and Rogers. Bell is over 8 years and Rogers is about the same. I filled a proposal in 2013 at the time I filled a consumer proper neither debt were on my report. They both have fallen off my report, they were not listed on my list of debt to be paid. About a few months ago i started receiving calls from collection agencies regarding those two debt should I just ignore?
the 2 year period starts from the day that the borrower borrowed to money from the bank or does it start from the day that the collections agency purchased the debt from the bank?
hi i am in montreal i have a credit card debt because the pandemi and is almost 2 years i know in quebec is 3 years period .... last week my bank withdraw money from my bank account under the right of set off to pay my credit card debt does it means my status of limitations was reset i am confuse now
Here is another tidbit that I have discovered; a creditor, like a major credit card company or bank, has the right to assign its right to sue to a debt buyer, but in Nova Scotia at least, they cannot sue in Small Claims court. The Small Claims court does not recognize a third party. The debt buyer is forced to file in Supreme Court. This eliminates an affordable option for the debt buyer/collection agency, and further reduces the likelihood of being sued unless it is a very significant amount of money. They DO have this right, but the cost in most cases is prohibitive; pretty easy to blow through thousands on a lawyer.
I have some questions: 1) I have been sued by a credit card, I understand that I can Ignore de citation How do I react? 2) I live overseas in Ecuador...and have an alternative address in Miami .and 3) I need to know the Statute of Limitation for a Credit Card debt in Miami I appreciate your advise,,,
Hi Alfredo, thanks for watching and taking the time to comment! However, we are located in Canada and discuss Canadian Insolvency rules. We unfortunately cannot speak to the laws in the United States or Ecuador. Best of luck.
Hello Mr. Michalos Thank you for the information. What happens in the situation where you incur a debt in a province with a SOL on unsecured debt of 6 years, it goes to collections and you then move to a province with an SOL of 2 years, like Ontario; can they take you to small claims court in the first province? This is assuming the last payment is currently over 2 years old, but under 6. Also, what is a ballpark amount of time that it takes to actually get a date for your small claims hearing, after the claim is filed? Thank you
Interesting question. In general, a creditor is required to sue you in the jurisdiction where you reside, so the limitations period where you are now living will be operative. However, if the creditor does not know where you are currently living, or decides to sue you in the other jurisdiction, you would need to make the court aware of your current situation (which could be a problem if they don't notify you at your current address). Also, due to COVID, courts are backlogged, and limitation periods in Ontario were extended to over two years due to court closures, so the rules are even more confusing. As to ballpark to get a small claims court date, it usually takes a few months, but again, with current court backlogs, it could be longer than that. Hope that helps. The situation is evolving, so your experience may also be changing.
@@JDouglasHoyes Thank you. A couple of things I have discovered; Nova Scotia has not extended its SOL for anything, it appears, and serving documents there require personal service; so last known address delivery is not adequate; the defendant has to be personally served. This would appear to eliminate the possibility to be caught unawares of a court action if you live in Ontario. I am not sure if I am interpreting the definition of personal service correctly..... The situation certainly is evolving; do you know offhand how much of an extension has been put in place in Ontario?
@@JDouglasHoyes Yes, I was incorrect. There is an allowance for substitute service, but it seems to be decided by the court, after personal service has failed.
@@JDouglasHoyes Thank you. I just found an item on my Equifax report that dates a last payment on an account almost two years later than the actual date, which is almost at the 6 year SOL in my province. I am trying to be very careful in trying to clear up my credit reports; I am almost to the point where my report should be wiped clean and the only thing on it will be a low limit card I have had for almost two years - paid on time and in full every month. Is it true that only a WRITTEN confirmation of a debt will trigger a re-aging of debt? Should I contact the collector directly, or should I just deal with Equifax? I am concerned about any phone conversations being used against me.....
Hi. I received an email, "Notice of Action" from a law firm offering to settle the phone bill to $3000 ( $2500 is from 2017, and 500 is from 2019). Should I take this seriously ? The law firm doesn't know my address nor does the phone company. So, if they don't have my address, could I be dragged to a court ? Thank you.
If you live in Ontario, a standard creditor (like the phone company) is required to start legal action within two years of the last activity date, so if your last payment and contact with them was in 2019, it is possible that they are now past the two year limitations period. The two year limitations period was extended during the pandemic, so if you last made a payment to the phone company at the end of 2019 they are likely within the two year period, so they could start legal action against you. They don’t need your current address; they could go to court and tell the judge “we tried to find them, but they moved” and the judge may give them a default judgement without notice to you. However, it is unusual for a law firm to go to the trouble of suing someone for $3,000 for an old debt. You have a few choices: you could ignore it, and see if they actually take you to court. If they do, you would have to defend yourself, or risk having a judgement against you. Or, you could call them and attempt to settle (but if you call them and acknowledge that you owe the debt, that restarts the two-year clock, so that’s risky). If this is your only debt, clearing it up may improve your credit report. If you have a lot of other debts that you can’t service, it may be wise to talk to a licensed insolvency trustee to review all of your options.
@@hoyesmichalos Hello ,I have a 2018 collection account with Koodo. I have received an email from a lawyer that if I do not make the payment, he will take me to court. I wonder if they can do it? Since this debt has been in collection for 3 years and I know that there are limits in each province, I live in Alberta. Thank you
When your debt has exceeded the SOL, can you have the debt removed from your Credit Report before the 6 or 7 years that allows the the collection agency to continue to list the debt?
The Statute of Limitations is independent of what appears on your credit report. In general, in Ontario, after 2 years from the last activity date, the debt is past the limitation period and a creditor cannot obtain a judgement against you. However, most debts will appear on your credit report for a minimum of six years, so even though a creditor can't sue you, it still appears on your credit report until at least six years have elapsed.
I’ve been sued 17 straight years on a car crash my ex did out of revenge because I divorced him. I still have the original police report to this day! I refuse to file a bankruptcy. The lawyer can keep taking my state income taxes for the rest of my life!
So what if you collect your paycheck one day to find a surprise garnishment? No notice.
Tax debt has a 10 year statute of limitations.
Well I try a been more than 7 years, all derogatory has been droped from my credit report. Now I just got a 1099c from IRS from Bank of America they claim they filed in 2019. Can they do that ? Is there a statute of limitation on filing 1099? Thanks
Hello, I have an account in the 2018 collection. I have received an email from a lawyer that if I do not make the payment, he will take me to court. I wonder if they can do it? Since this debt has been in collection for 3 years and I know there are limits in each province, I live in Alberta.
In alberta its 2yrs Make a statement of defense with the judge bring it to their attention then strike a motion to dismiss then sue them for bringing it up after expiration with the FDCPA-(Fair Debt Collection Practice Act)
If someone is sued in small claims court and the assigned date for a hearing is past the statute of limitations (even though they filed the case prior to the expiry date) is the SOL still a defence?
Do you know anything about the MSB collection agencies for municipal state collection on traffic tickets? Do you know if there is a statute of limitation with that agency - will the tickets fall off after seven years?
I have a question about MSB collection agencies. That is municipal state collections for traffic tickets, etc. Is there a Statute of limitation for traffic tickets? Will they ever fall off after 7 years?
can you start a business after the period is over?
Hello, I have an old cell phone debts with bell and Rogers. Bell is over 8 years and Rogers is about the same. I filled a proposal in 2013 at the time I filled a consumer proper neither debt were on my report. They both have fallen off my report, they were not listed on my list of debt to be paid. About a few months ago i started receiving calls from collection agencies regarding those two debt should I just ignore?
How do you file a statement of defense?
the 2 year period starts from the day that the borrower borrowed to money from the bank or does it start from the day that the collections agency purchased the debt from the bank?
bump/...................
hi i am in montreal i have a credit card debt because the pandemi and is almost 2 years i know in quebec is 3 years period .... last week my bank withdraw money from my bank account under the right of set off to pay my credit card debt does it means my status of limitations was reset i am confuse now
what if the employer is trying to retrieve money taht is 9 and 10 months old.
Here is another tidbit that I have discovered; a creditor, like a major credit card company or bank, has the right to assign its right to sue to a debt buyer, but in Nova Scotia at least, they cannot sue in Small Claims court. The Small Claims court does not recognize a third party. The debt buyer is forced to file in Supreme Court. This eliminates an affordable option for the debt buyer/collection agency, and further reduces the likelihood of being sued unless it is a very significant amount of money. They DO have this right, but the cost in most cases is prohibitive; pretty easy to blow through thousands on a lawyer.
I have some questions: 1) I have been sued by a credit card, I understand that I can Ignore de citation How do I react? 2) I live overseas in Ecuador...and have an alternative address in Miami .and 3) I need to know the Statute of Limitation for a Credit Card debt in Miami
I appreciate your advise,,,
Hi Alfredo, thanks for watching and taking the time to comment! However, we are located in Canada and discuss Canadian Insolvency rules. We unfortunately cannot speak to the laws in the United States or Ecuador. Best of luck.
Hello Mr. Michalos
Thank you for the information.
What happens in the situation where you incur a debt in a province with a SOL on unsecured debt of 6 years, it goes to collections and you then move to a province with an SOL of 2 years, like Ontario; can they take you to small claims court in the first province? This is assuming the last payment is currently over 2 years old, but under 6.
Also, what is a ballpark amount of time that it takes to actually get a date for your small claims hearing, after the claim is filed?
Thank you
Interesting question. In general, a creditor is required to sue you in the jurisdiction where you reside, so the limitations period where you are now living will be operative. However, if the creditor does not know where you are currently living, or decides to sue you in the other jurisdiction, you would need to make the court aware of your current situation (which could be a problem if they don't notify you at your current address). Also, due to COVID, courts are backlogged, and limitation periods in Ontario were extended to over two years due to court closures, so the rules are even more confusing. As to ballpark to get a small claims court date, it usually takes a few months, but again, with current court backlogs, it could be longer than that. Hope that helps. The situation is evolving, so your experience may also be changing.
@@JDouglasHoyes Thank you. A couple of things I have discovered; Nova Scotia has not extended its SOL for anything, it appears, and serving documents there require personal service; so last known address delivery is not adequate; the defendant has to be personally served. This would appear to eliminate the possibility to be caught unawares of a court action if you live in Ontario. I am not sure if I am interpreting the definition of personal service correctly.....
The situation certainly is evolving; do you know offhand how much of an extension has been put in place in Ontario?
@@JDouglasHoyes Yes, I was incorrect. There is an allowance for substitute service, but it seems to be decided by the court, after personal service has failed.
@@JDouglasHoyes Thank you. I just found an item on my Equifax report that dates a last payment on an account almost two years later than the actual date, which is almost at the 6 year SOL in my province. I am trying to be very careful in trying to clear up my credit reports; I am almost to the point where my report should be wiped clean and the only thing on it will be a low limit card I have had for almost two years - paid on time and in full every month. Is it true that only a WRITTEN confirmation of a debt will trigger a re-aging of debt? Should I contact the collector directly, or should I just deal with Equifax? I am concerned about any phone conversations being used against me.....
Hi. I received an email, "Notice of Action" from a law firm offering to settle the phone bill to $3000 ( $2500 is from 2017, and 500 is from 2019). Should I take this seriously ? The law firm doesn't know my address nor does the phone company. So, if they don't have my address, could I be dragged to a court ? Thank you.
If you live in Ontario, a standard creditor (like the phone company) is required to start legal action within two years of the last activity date, so if your last payment and contact with them was in 2019, it is possible that they are now past the two year limitations period. The two year limitations period was extended during the pandemic, so if you last made a payment to the phone company at the end of 2019 they are likely within the two year period, so they could start legal action against you. They don’t need your current address; they could go to court and tell the judge “we tried to find them, but they moved” and the judge may give them a default judgement without notice to you. However, it is unusual for a law firm to go to the trouble of suing someone for $3,000 for an old debt. You have a few choices: you could ignore it, and see if they actually take you to court. If they do, you would have to defend yourself, or risk having a judgement against you. Or, you could call them and attempt to settle (but if you call them and acknowledge that you owe the debt, that restarts the two-year clock, so that’s risky). If this is your only debt, clearing it up may improve your credit report. If you have a lot of other debts that you can’t service, it may be wise to talk to a licensed insolvency trustee to review all of your options.
They could serve you at your job.
@@hoyesmichalos
Hello ,I have a 2018 collection account with Koodo. I have received an email from a lawyer that if I do not make the payment, he will take me to court. I wonder if they can do it? Since this debt has been in collection for 3 years and I know that there are limits in each province, I live in Alberta.
Thank you
My debt is 17 years ago I'm good
They are coming after me on a "debt" that is 25 years old that my insurance company settled on. 25 years ago.
sorry, Mr Hoyes!!
But it's all debt right?
When your debt has exceeded the SOL, can you have the debt removed from your Credit Report before the 6 or 7 years that allows the the collection agency to continue to list the debt?
The Statute of Limitations is independent of what appears on your credit report. In general, in Ontario, after 2 years from the last activity date, the debt is past the limitation period and a creditor cannot obtain a judgement against you. However, most debts will appear on your credit report for a minimum of six years, so even though a creditor can't sue you, it still appears on your credit report until at least six years have elapsed.
@@JDouglasHoyes What's the difference between "Date Opened" and the "Date of Delinquency"?
I’ve been sued 17 straight years on a car crash my ex did out of revenge because I divorced him. I still have the original police report to this day! I refuse to file a bankruptcy. The lawyer can keep taking my state income taxes for the rest of my life!