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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100043
Experience:  Lawyer
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Our daughter borrowed 900.00 from us, some time ago and now

Customer Question

Our daughter borrowed 900.00 from us , some time ago and now refuses to pay it back. The only documentation is the cancelled cheque marked LOAN in the comments. Do we have any recourse to recover our money
Submitted: 10 months ago.
Category: Canada Law
Expert:  Debra replied 10 months ago.

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

Expert:  Debra replied 10 months ago.

What province are you in please?

When did you make her the loan?

Did she ever pay any part of it back?

When is the last time she acknowledge the debt in writing, if ever?

What was the agreement in terms of when she would pay it back?

Customer: replied 10 months ago.
we made her the loan 5 years ago we live in ontario, she has not paid any of it back, She has never acknowledged in writing that she owes it. The agreement was , she would pay it back when her Income Tax came back, which would have been in approx. 1 - 2 months
Expert:  Debra replied 10 months ago.

So you are in a difficult situation for many reasons.

Aside from the fact that this is your own daughter what is difficult here is you lost the right to sue her though you may be able to regain that right.

The limitation period for suing in Ontario is 2 years. That means you had to sue her within 2 years of her getting that tax refund.

The limitation period can be restarted if one of two things happens. If you can get her to make a partial payment towards the debt the limitation period starts over. So even if she pays a small amount towards the debt that will do that trick.

The second way is to get her to acknowledge the debt in writing.

So if you email her and ask about starting to pay the loan off and if she says I cannot now but will later that will restart the limitation period all over again.

Then you could sue her in Small Claims Court and could self-represent and if it gets that far and you find you need some help as you go through the process you can always post on this site again and I can assist you further.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 10 months ago.
thank you
Expert:  Debra replied 10 months ago.

You are very welcome.

If you need some more help, for example, if you are in a position to sue her, you can put my name into the subject line when you post a new question. It is Legal Ease.

Please be sure to rate me before you leave the site.

Enjoy your weekend!

Expert:  Debra replied 10 months ago.

Is there anything more I can help you with at this point in time?

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