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Daniel Freudman
Daniel Freudman, Lawyer
Category: Canada Law
Satisfied Customers: 1336
Experience:  Lawyer
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I was wondering what the prescription period is for

Customer Question

Hi I was wondering what the prescription period is for collecting on a judgement in Quebec....
JA: What state are you in? It matters because laws vary by location.
Customer: Quebec, Canada
JA: Has anything been filed or reported?
Customer: Yes filed and judgement obtained 6 1/2 years ago.
JA: Anything else you want the lawyer to know before I connect you?
Customer: That's the main issue. Is the prescribed period over or not. And then I can make a decision.
Submitted: 9 months ago.
Category: Canada Law
Customer: replied 9 months ago.
The issue is that I'm not sure what the prescription period of a judgement in Quebec is. From what I understand the prescription period is three years after which legal action cannot be taken.But what f legal action has already been taken and a default judgement obtained 6 1/2 yrs ago?Thank you!
Expert:  Daniel Freudman replied 9 months ago.

In Quebec, the general limitation period is 3 years as you correctly indicated. However, once you have obtained a judgment, that 3 year limitation period is no longer relevant. Judgments do not expire, so even if the debtor owes you $X now from the judgment and has no money, you could wait several years to enforce the judgment if you feel the debtor may have money in the future. In other words, there's no prescription period on a judgment once it's already been obtained.

Hopefully that answers your question.

Expert:  Daniel Freudman replied 9 months ago.

Hopefully my answer was of assistance. Would you kindly provide me with a positive rating I can receive compensation for my services. Thank you very much.

Expert:  Daniel Freudman replied 9 months ago.

Sorry to bother you but would you kindly provide me with a positive rating I can receive compensation for my services. Thank you very much.