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Legal Ease
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Category: Canada Law
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I have a mentally Challenged brother who purchased a small

Customer Question

I have a mentally Challenged brother who purchased a small Condo in 2000 after getting inheritance monies. He only paid the monthly condo fees sporadically. In 2009 the Condo Association took him to court and won an Order NSI to recover the debt of just under $19,000. However, they failed to act on the court award. For whatever reason, my brother was not allowing his siblings into his life; we cannot find an answer. He would not answer his door or phone, thus we were totally unaware of his situation.
Then in 2014, a lawyer appointed by the courts and representing my brother: almost by accident contacted one of my sisters. She was in no position to help and so contacted me. The Condo Association are back to attempting to recover the monies owed with costs. In all, the amount now claimed was over $42,000. After trying to negotiate with the association to no success and to avoid more lawyer fees, etc. my wife and I took out a loan to pay this charge.
I am suspicious that the association has acted in good faith. First, it is very obvious that my brother is not capable to understand what was taking place. Then to receive a court award in 2009 and not to act is very, very strange indeed. Therefore, my question. Are not the association "time barred" through the Statue of Limitations Act in seeking full recovery of their fees and costs in this matter?
Submitted: 10 months ago.
Category: Canada Law
Expert:  LawTalk replied 10 months ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your brother's situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Statutes of limitation are state specific. What state was he sued in?

Doug

Customer: replied 10 months ago.
We are dealing with Alberta, Canada.
Expert:  LawTalk replied 10 months ago.

This needs to be placed in our Canada Law section, not the US Law section. I will opt out and ask for the question to be placed in the proper section.

I am unable to further assist you in this matter, and I am going to opt out of your question and open this up for other professionals.

Your question is being placed back in the question list for other professionals to see, and to respond to. You do not have to stay online for the question to be active. Should another professional pick it up, you should be alerted by email unless you actively disable this feature.

There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying other professionals' access to it.

I apologize for any inconvenience and wish you well in your future.

Doug

Expert:  Legal Ease replied 10 months ago.

I am very sorry to hear this.

Unfortunately, the Judgment can be enforced for 10 years from the time they obtained it.

But if you are saying that they waited so that the interest would mount because they fully knew that your brother didn't understand he had to pay it then it may make sense to pay a lawyer to threaten a lawsuit.

But you would have to prove that this was deliberate.

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