Collection Agencies - Statutes of limitations Alberta - Canada

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RE: Statutes of limitations Alberta

Postby nameuser » Sun Sep 28, 2008 10:42:16 PM

No. If you arent living here, paying canadian taxes or being paid in canada, its very unlikely anyone will go after you.
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RE: Statutes of limitations Alberta

Postby ildmus13 » Thu Sep 25, 2008 02:27:33 AM

I plan on going for a visit next summer. I won't be coming back to live for at least 18 years! That won't affect anything will it?
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RE: Statutes of limitations Alberta

Postby nameuser » Tue Sep 16, 2008 09:38:26 PM

Very good point, alot of people think alberta loans statute is up after two years. Collection agencies love suing these loans because they're so hard to recover and it's very competative.

Although, if you're never coming back to the country your chances increase that it will never be pursued.
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RE: Statutes of limitations Alberta

Postby Raymond » Thu Aug 28, 2008 11:12:12 AM

Option 1: Call them

Option 2: Don't call them and wait for each 6 year limitation period to run out on the federal and provincial portions of the loan.

If you choose option 2, note that The Alberta Limitations Act's 2 year limitation period on the provincial portion of the debt is superceded by the Student Loan Act [of Alberta], Section 12's 6 year exception for student loans. To wit:

12 The Limitations Act applies to claims, within the meaning of that Act, arising under this Act except that, instead of the 2-year period referred to in sections 2(2)(b) and 3(1)(a) of the Limitations Act, a 6-year period applies for the purposes of this Act.
1998 c30 s2 (RSA refers to "Revised Statutes of Alberta")

As well, if you read bill C-28, the Federal Student Loan Act, you will see that student loans can be revived after expiry of the SOL by all sorts of things that you might not even consider to be an acknowledgment. Tread carefully.

Ray

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RE: Statutes of limitations Alberta

Postby ildmus13 » Thu Aug 28, 2008 10:16:48 AM

Hi,

I was wondering if anyone was able to answer my question. Thanks.
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Statutes of limitations Alberta

Postby ildmus13 » Sun Aug 24, 2008 11:20:06 AM

I have a couple student loans that I owe on. The last time I made a payment was September, 2005. I moved out of the country so I had/have no way to contact anyone. I recently received an email from a collection agency asking me to call them.

I have an Alberta and Canada loan through RBC.

How does this work? If I have made no contact in 3 years, what are my options?
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