by footloose » Thu Jan 13, 2011 08:32:11 PM
In Ontario, the SOL for any debt that went into default after January 1, 2004 is 2 years. For any debt that went into default prior to January 1, 2004, the SOL is 6 years. If this debt went into default 9-10 years ago, it clearly is statute-barred. This means that the creditor, collection agency or debt buyer cannot enforce the collection of this debt by taking legal action and commence a lawsuit against you. You must understand, that once a SOL expires it CANNOT be resurrected or reinstated.
If a payment is made or a WRITTEN acknowledgment of the debt is made and SIGNED by you, and this is done at anytime WITHIN the SOL period, this will EXTEND the SOL only. For example, if you defaulted on a debt in Ontario on June 30, 2008, the SOL expires on June 30, 2010. If no payment is made or written acknowledgment of the debt and signed by you is made within this period, then no legal proceeding can be commenced against you after June 30, 2010. However, if you paid only $1 or made a written acknowledgment of the debt and signed by you on June 28, 2010, this now extends the SOL to June 28, 2012.
I strongly suggest that you obtain credit reports from both Equifax and TransUnion to see where you stand. You can download both credit reports from their respective websites for a fee. If you do not want to pay a fee, you can request a consumer disclosure report for free by completing the request form and mailing this form to the respective credit bureaus. The form can be downloaded from each website. The consumer disclosure statement will arrive by mail in 3-4 weeks.
If you want to settle this debt, offer them 25% and tell them to "take it or leave it". If they refuse the offer, tell them that you will pay them nothing. This debt is 9-10 years old and most collection agencies will settle for this amount. Stand your ground and be firm. If they refuse, come back and let us know what they will accept. I will tell you what next steps to take. If they accept your offer, DO NOT PAY them a cent until you come back to this website and tell us about the offer. Otherwise, you may fall into a trap. I will explain later.