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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 96405
Experience:  Lawyer
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I have been contacted by a collection agency regarding a

Customer Question

I have been contacted by a collection agency regarding a "judgement" that was issued in April of 2009. They are looking to collect on this judgement. At the time, I was stupid enough not to file a defence on time as I did have some issues with the amount
that were trying to collect back then. I had heard that a judgement needed to be enforced within six years of it being issued by the court...is this true? I have never received any garnishment/collection order from this group. If so I know what my position
is with respect to negotiating a fair settlement of this issue....or am I forced to pay them what they are demanding?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.

What province is this please?

Customer: replied 1 year ago.
Ontario
Expert:  Legal Ease replied 1 year ago.

There is no limitation period for enforcing a judgment in Ontario. It used to be 10 years unless the judgment was renewed. That is no longer the case.

Customer: replied 1 year ago.
Please explain what the following excerpt means, then, from the Small Claims Court Rules....thanks.
Duration and Renewal(5.1) A notice of garnishment remains in force for six years from the date of its issue and for a further six years from each renewal. O. Reg. 393/09, s. 20 (3).(5.2) A notice of garnishment may be renewed before its expiration by filing with the clerk of the court in which the notice of garnishment was issued a notice of renewal of garnishment (Form 20E.1), together with an affidavit for enforcement request (Form 20P). O. Reg. 393/09, s. 20 (3).(5.3) On the filing of the notice and affidavit required by subrule (5.2), the clerk shall issue the notice of renewal of garnishment (Form 20E.1) naming as garnishee the person named in the affidavit. O. Reg. 393/09, s. 20 (3).(5.4) The provisions of these rules that apply with respect to notices of garnishment also apply with respect to notices of renewal of garnishment. O. Reg. 393/09, s. 20 (3).
Expert:  Legal Ease replied 1 year ago.

That's not about enforcing a judgment though. It's just about a notice or garnishment.

They can renew that.

But they can also enforce the judgment different ways and at different times.

So they would just renew the notice.

It won't save you unfortunately.

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