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11/16/2009
VerifiedYou are still obligated to pay the debt as you still owe the money.
It will depend on the province as to whether it's too late for them to sue you in the debt or not and also on the facts.
If you want more information about that please let me know the basic facts and also the province you are in.
It will depend on the province as to whether it's too late for them to sue you in the debt or not and also on the facts.
If you want more information about that please let me know the basic facts and also the province you are in.
In Ontario the limitation period for suing on a debt that was incurred after January 1, 2004 is two years from the time the Claim was discovered or when it ought to have been discovered.
It's not likely a Court would say that they can lose the cheque and then sue you for years later just because they didn't know the debt had been paid. It's more likely the case that the Court would find that they ought to have discovered this before.
But, the limitation period starts over if you make a partial payment toward the debt or acknowledge the debt.
They would sue you if you don't pay them and they can sue but it's likely they are out of time.
The limitation period does not extinguish the debt but only the right to sue to collect on it.
It's not likely a Court would say that they can lose the cheque and then sue you for years later just because they didn't know the debt had been paid. It's more likely the case that the Court would find that they ought to have discovered this before.
But, the limitation period starts over if you make a partial payment toward the debt or acknowledge the debt.
They would sue you if you don't pay them and they can sue but it's likely they are out of time.
The limitation period does not extinguish the debt but only the right to sue to collect on it.
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