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collection agency suing after statue of limitations!

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purplerain

Junior Member
Hello,
Is it possible for a collection agency to sue me 4-5 years past the statue of limitations? I believe I am being sued. They have not served me, but left a business card on my door telling me to "pick up documents." I do own a property and they threatened me with my property in the past trying to get me to make a payment (even though they had the wrong address where I own property). The original creditor is TD Bank credit card, which was a write off a few years ago. But the collection agency has been calling non stop. Can the collection agency win against me? Or will the case get automatically thrown out due to it being past the statue of limitations? I'm really scared that they will place a lien on my property like they want to. My father says if they didn't or can't serve me then there is nothing they can do, but I'm not sure how correct he is??
I live in Canada.
 


adjusterjack

Senior Member
If Canada's civil procedures are anything like ours in the US then, yes, you can be sued and you will have to raise the SOL as an affirmative defense.

And if Canada's exemptions from judgment are anything like ours in the US then all or part of your property might be exempt from judgment.

Unfortunately, I cannot guarantee any of that so I suggest that you find a Canadian legal forum on which to ask your questions or consult a Canadian attorney.
 

purplerain

Junior Member
If Canada's civil procedures are anything like ours in the US then, yes, you can be sued and you will have to raise the SOL as an affirmative defense.

And if Canada's exemptions from judgment are anything like ours in the US then all or part of your property might be exempt from judgment.

Unfortunately, I cannot guarantee any of that so I suggest that you find a Canadian legal forum on which to ask your questions or consult a Canadian attorney.
Thank you for your response. I will contact a lawyer here in canada
 

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