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is there really a statute of limitations on credit card debt

Resolved Question:

is there really a statute of limitations on credit card debt in canada and if so, what is it, and what should be done if a collection agency contacts you 15 years later
Submitted: 4 years ago.
Category: Canada Law
Expert:  Legal Ease replied 4 years ago.
What province are you in please?

When is the last time you acknowledged the debt?

When is the last time you made a payment toward the debt?
Customer: replied 4 years ago.
I have never acknowledged the debt and have never been contacted about it before. Im not sure if it is my debt but if so it would have been before 1994 when my husband and I split up. I have no idea if or when he paid anything on it or if this is actually one of those credit cards , which he had in my name, but it is the only explanation I can think of. If it is, then I have had no contact with this debtor whatsover, since at least 1994. I have now recieved a letter from a collection agency, offering me "a chance" to get rid of over $4000. interest charges
Expert:  Legal Ease replied 4 years ago.
I still need your province please.
Customer: replied 4 years ago.
Sorry, I missed that question. I ive in Alberta but this letter came from Ontario
Expert:  Legal Ease replied 4 years ago.
In Ontario the new limitation period is 2 years. Before 2004 it was 6 years.

But, in Ontario if you make a partial payment to the debt or acknowledge it in any way the limitation period starts over.

They are hoping you will acknowledge the debt.

At this point they cannot sue you. They can only do so if you acknowledge the debt

You are under no obligation to answer them and it may be safer not to. If they call you just say it's not your debt and you have no knowledge of it and that they should not call you again.

I hope that helps.
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 85793
Experience: Lawyer
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