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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2263
Experience:  25 years in practice
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I have a student loan from a degree I got in the US in 1994.

Customer Question

I have a student loan from a degree I got in the US in 1994. They have just contacted my employer that they will institute proceedings for garnishing my wages. The debt is now $74,150 USD. They have not contacted me until now. My CPA informs me that if they have not done so in the past 2 years, the debt cannot be collected. What legal service can help me?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Massachusetts
JA: Has anything been filed or reported?
Customer: They sent an official notification to my employer, UHN
JA: Anything else you want the lawyer to know before I connect you?
Customer: It is late at night. I am willing and able to defer this until the morning... What say you?
Submitted: 1 year ago.
Category: Canada Law
Customer: replied 1 year ago.
the original framing of the question is adequate for now..... please respond
Customer: replied 1 year ago.
Is this online service coming from Canada or the US? I am asking the question in terms of the Ontario Consumer Protection Act...
Expert:  Debra replied 1 year ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 1 year ago.

I am a lawyer in Ontario but I don't know what the Ontario Consumer Protection Act has to do with this fact situation.

Perhaps you mean the Limitation Act?

But is the loan not from a creditor in the US?

So what has Ontario's laws have to do with your facts?

Please clarify so that I can try and answer you.


Customer: replied 1 year ago.
My CPA informed me that the Ontario Consumer Protection Act has a 2 yr clause: If the creditor has not contacted me within the past 2 yrs that the debt cannot be collected. Also, that since the loan is from the US, this credit agency must use a Canadian agency, and go through a Canadian Court --- which would authorize, or not, the garnishment.. and that this is a costly procedure for that creditor. But they cannot go directly to my employer. I has to be through the Canadian Courts.
Customer: replied 1 year ago.
I am unaware of the Limitation Act... and am unaware of what constitutes 'due process' for a garnishment to take place, when I am Canadian and working in Canada, and the creditor is from the US.
Customer: replied 1 year ago.
It appears that this case is something complicated; and that it might best be addressed by my seeking a personal legal consult, in a face to face meeting [rather than bouncing back and forth online]. Thank you for your initial comments. But I will not be continuing with this site and service in exploring my case.
Expert:  Debra replied 1 year ago.

This question can be answered simply and at once. Your CPA should not be giving out legal information as it is entirely wrong.

Please let me know if I should answer and I will.

This is very basic law but your CPA has gotten it pretty well entirely incorrectly.

Customer: replied 1 year ago.
Thank you for your response. Though my comments read as if my CPA was counseling me, I recognize that those comments served but as flags for issues I might want to consider. I lawyer in the State of Massachusetts, with whom I described the situation -- and where the involved credit company resides -- said: "They won't get a thing....". Your comments have alerted me to other flags. Therefore , since I am not a lawyer, but am a healthcare professional -- who recognizes the importance of documentation, review of options, and the need for corroborative research -- I will continue, as noted, with the services of a local attorney in a contractual relationship. Again, my respectful thanks.
Expert:  Debra replied 1 year ago.