Collection Agencies - What is the SOL in Newfoundland? - Canada

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RE: What is the SOL in Newfoundland?

Postby average_joe » Tue Jan 25, 2011 09:36:48 PM

I know in Nova Scotia judgments can be enforced up to twenty years if renewed every five to ten years. In Nova Scotia judgments remain on your credit file for six years from the date it was filed. In Newfoundland the limitations might be different.

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RE: What is the SOL in Newfoundland?

Postby footloose » Tue Jan 25, 2011 09:30:27 PM

Limitation periods in Newfoundland are provided for under the Statues of Newfoundland, 1995, Chapter L - 16.1 An Act to Revise the Law Respecting Limitations........ which was given Royal Assent on December 21, 1995.

In respect to unpaid debts:

6(1) Following the expiration of 6 years after the debt on which the debt

to do so arose, a person shall not bring an action.

(h) to recover a debt.

In respect of an unrecovered judgment:

7(1) Following the expiration of 10 years, after the date on which the

right to do so arose, a person shall not bring an action

(a) on a judgment of a court in the province for the payment of

money or the recovery of personal property.

SUMMARY In Newfoundland, the limitation period for the recovery of a debt is 6 years. This would include obtaining a judgment. Once a judgment is obtained, the creditor has 10 years to enforce the judgment including garnishment of wages and bank accounts and seizure and sale of assets.

If you think that by paying these bills is the dumbest move ever, you had better THINK AGAIN By not paying these bills, your creditors could get a DEFAULT JUDGMENT which will stay on your credit report for 7 years and your credit score will "go south" overnight. That could make it almost impossible for you to obtain credit, including getting an unsecured credit card or even a small personal or car loan. A collection account stands out on a credit report like "spilled ketchup on a white napkin".

Under the various Provincial Collection Agencies Acts, a collection agency is required to send you a letter stating who the creditor is, that the collection agency has authority to collect this debt on behalf of the creditor, the amount of the debt, including interest and the account number assigned to the debt by the creditor. They must wait 6 days before contacting you by telephone to discuss the debt. I would strongly suggest that you contact D & A Collections and if they have not sent you this letter, tell them that you will not discuss this debt until you have received this letter. I also urge you to try to make some arrangement with them to pay this debt, either by a partial settlement or perhaps a series of reduced payments. Failure to deal with these debts will haunt you for several years and could seriously affect you to obtain credit in the future.

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RE: What is the SOL in Newfoundland?

Postby average_joe » Tue Jan 25, 2011 10:21:02 AM

I believe six years.You are not obligated to talk to any collection agency.

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What is the SOL in Newfoundland?

Postby MakeThemBeautiful » Tue Jan 25, 2011 10:00:18 AM

I have a chiropractic bill from March 2005 that was sent to collections. It turns out that my insurance never covered the 80% that they told me they would and I ended up owing $550 to the chiropractor and because I moved, I didn't know about it. I also have a cell phone bill from April 2008 that was never paid and went to collections. The amount was $400.

Anyway, a collector called me from D&A and left a message last thursday - I did not return her call. (I'm assuming shes calling about one of those bills).

I was told SOL in Newfoundland was 7 years, but boyfriend thinks its 6. If its 6, I am not paying that bill...that would just be the dumbest move ever. However, I haven't called her back. Should I?

What is SOL in newfoundland? AND
Am I obligated to talk to this woman from D&A collections if I haven't received anything in the mail...in writing?

Thanks.

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