Canada Law

Ask a Canada Law Question, Get an Answer ASAP!

Ask an Expert,
Get an Answer ASAP!

Canada Law

Our daughter borrowed 900.00 from us, some time ago and now

Customer Question
Our daughter borrowed 900.00 from...
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: 1 year ago.Category: Canada Law
Show More
Show Less
Ask Your Own Canada Law Question
Answered in 5 minutes by:
9/24/2016
Lawyer: Debra, Lawyer replied 1 year ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 102,591
Experience: Lawyer
Verified

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

Ask Your Own Canada Law Question
Lawyer: Debra, Lawyer replied 1 year 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?

Ask Your Own Canada Law Question
Customer reply replied 1 year 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
Lawyer: Debra, Lawyer replied 1 year 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.

Ask Your Own Canada Law Question
Customer reply replied 1 year ago
thank you
Lawyer: Debra, Lawyer replied 1 year 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!

Ask Your Own Canada Law Question
Lawyer: Debra, Lawyer replied 1 year ago

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

Ask Your Own Canada Law Question
Ask Debra Your Own Question
Debra
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 102,591
102,591 Satisfied Customers
Experience: Lawyer

Debra is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest.

MonikaCanada

This has been very helpful. I'm glad to see that lawyers and sites like this exist. Thanks for your help.

MikeHalifax, NS

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tom B.

Tom B.

Barrister & Solicitor

2,263 satisfied customers

25 years in practice

LawyerProfessor

LawyerProfessor

Lawyer

836 satisfied customers

Experienced Litigation Lawyer in Ontario since 1999 and NY since 1997

Debra

Debra

Lawyer

102,591 satisfied customers

Lawyer

Jeremie John Martin

Jeremie John Martin

Lawyer

839 satisfied customers

I'm a bilingual attorney for the province of Quebec who goes to Court often for many clients.

Sokkalaw

Sokkalaw

Lawyer

312 satisfied customers

Lawyer in Ontario, Canada

CaptanLaw

CaptanLaw

Lawyer

224 satisfied customers

I'm a criminal defence lawyer, who assists individuals charged with crimes.

Mark A

Mark A

Lawyer

179 satisfied customers

Canadian Lawyer working at a Canada Law Firm

< Previous | Next >

Related Canada Law Questions
Just paid deposit for reno work yesterday and want to
just paid deposit for reno work yesterday and want to cancel. how? … read more
Debra
Debra
Lawyer
102,591 satisfied customers
My tenant is far in arrears.Now$990 for january,but she is
my tenant is far in arrears.Now$990 for january,but she is in the hospital and has cancer.She will be home soon but she has no job.What should i do … read more
Debra
Debra
Lawyer
102,591 satisfied customers
Can I cut down tree branches that overhang my fence and
Can I cut down tree branches that overhang my fence and knock on the house roof. … read more
Debra
Debra
Lawyer
102,591 satisfied customers
I'm in Saskatchewan and am wondering what the term "the
I'm in Saskatchewan and am wondering what the term "the defendant has waived presentment for demand, payment, protest and notice of protest and dishonour." means. … read more
Debra
Debra
Lawyer
102,591 satisfied customers
I have a question about buyers remorse with a contract that
I have a question about buyers remorse with a contract that doesn't have any wording regarding cancellation … read more
Debra
Debra
Lawyer
102,591 satisfied customers
I took out a personal loan with cosignor the documents I
I took out a personal loan with cosignor the documents I signed at my lawyers office for a loan of $108,000.00 … read more
Debra
Debra
Lawyer
102,591 satisfied customers
I have a loan with ATB Financial it is a conditional sales
I have a loan with ATB Financial it is a conditional sales contract. I can no longer afford the payments. If I stop making payments what can they do to me? My credit rating doesnt matter, but financia… read more
Debra
Debra
Lawyer
102,591 satisfied customers
Of there is a shortfall after a mortgage shortfall is a
Hi of there is a shortfall after a mortgage shortfall is a deficiency claim automatic or does the creditor still have to obtain a judgement? And if so is there a statue of limitations after which they… read more
Debra
Debra
Lawyer
102,591 satisfied customers
I think I may have a medical malpractice suit. Would you be
I think I may have a medical malpractice suit. Would you be able to tell me if I give you the details? … read more
Debra
Debra
Lawyer
102,591 satisfied customers
I am in British Columbia, Canada. Tell me, are you in
Hello, my name is*****: What state are you in? It matters because laws vary by location. Customer: I am in British Columbia, Canada … read more
Debra
Debra
Lawyer
102,591 satisfied customers
My daughter is seeking advice on how to file a small claim
Hello, My daughter is seeking advice on how to file a small claim against an automotive manufacturer. She lives in the NWT Canada. … read more
Debra
Debra
Lawyer
102,591 satisfied customers
My mom, who is a Canadian citizen, left Canada permanently
My mom, who is a Canadian citizen, left Canada permanently back in July 2016 to seek treatment for her cancer in the US. She is receiving the Guaranteed Income Supplement but she failed to disclose th… read more
Debra
Debra
Lawyer
102,591 satisfied customers
I need legal assistance can help us with "Ontario Home
I need legal assistance can help us with "Ontario Home Services" They install the ff water filtration and water softener, Hepa filter, and air filter. According to their representatives the rental for… read more
Debra
Debra
Lawyer
102,591 satisfied customers
Iam trying. To. Ger. My. Pension. From. General. Motors.
Hi. Iam trying. To. Ger. My. Pension. From. General. Motors … read more
Debra
Debra
Lawyer
102,591 satisfied customers
I own a convenience store, in a rental premises, in Ontario.
I own a convenience store, in a rental premises, in Ontario. Store is not doing well. In December 2017, I met the owner of the premises. His lawyer was by his side. I explained him my situation. I als… read more
Debra
Debra
Lawyer
102,591 satisfied customers
We recently discovered that we signed a rental agreement as
We recently discovered that we signed a rental agreement as opposed to rent to own agreement, and the rental terms are ridiculous - 10 years for a furnace and air condition. I want to stop the payment… read more
Debra
Debra
Lawyer
102,591 satisfied customers
How can u have a no contact order lifted between me and my
How can u have a no contact order lifted between me and my daughters father? … read more
Debra
Debra
Lawyer
102,591 satisfied customers
What are workers rights when you are screwed around at the
What are workers rights when you are screwed around at the work place … read more
Debra
Debra
Lawyer
102,591 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Show MoreShow Less

Ask Your Question

x