Interesting question. In general, a creditor is required to sue you in the jurisdiction where you reside, so the limitations period where you are now living will be operative. However, if the creditor does not know where you are currently living, or decides to sue you in the other jurisdiction, you would need to make the court aware of your current situation (which could be a problem if they don't notify you at your current address). Also, due to COVID, courts are backlogged, and limitation periods in Ontario were extended to over two years due to court closures, so the rules are even more confusing. As to ballpark to get a small claims court date, it usually takes a few months, but again, with current court backlogs, it could be longer than that. Hope that helps. The situation is evolving, so your experience may also be changing.

@@JDouglasHoyes Thank you. A couple of things I have discovered; Nova Scotia has not extended its SOL for anything, it appears, and serving documents there require personal service; so last known address delivery is not adequate; the defendant has to be personally served. This would appear to eliminate the possibility to be caught unawares of a court action if you live in Ontario. I am not sure if I am interpreting the definition of personal service correctly..... The situation certainly is evolving; do you know offhand how much of an extension has been put in place in Ontario?

@@JDouglasHoyes Yes, I was incorrect. There is an allowance for substitute service, but it seems to be decided by the court, after personal service has failed.

@@JDouglasHoyes Thank you. I just found an item on my Equifax report that dates a last payment on an account almost two years later than the actual date, which is almost at the 6 year SOL in my province. I am trying to be very careful in trying to clear up my credit reports; I am almost to the point where my report should be wiped clean and the only thing on it will be a low limit card I have had for almost two years - paid on time and in full every month. Is it true that only a WRITTEN confirmation of a debt will trigger a re-aging of debt? Should I contact the collector directly, or should I just deal with Equifax? I am concerned about any phone conversations being used against me.....

In alberta its 2yrs Make a statement of defense with the judge bring it to their attention then strike a motion to dismiss then sue them for bringing it up after expiration with the FDCPA-(Fair Debt Collection Practice Act)

Hi Alfredo, thanks for watching and taking the time to comment! However, we are located in Canada and discuss Canadian Insolvency rules. We unfortunately cannot speak to the laws in the United States or Ecuador. Best of luck.

If you live in Ontario, a standard creditor (like the phone company) is required to start legal action within two years of the last activity date, so if your last payment and contact with them was in 2019, it is possible that they are now past the two year limitations period. The two year limitations period was extended during the pandemic, so if you last made a payment to the phone company at the end of 2019 they are likely within the two year period, so they could start legal action against you. They don’t need your current address; they could go to court and tell the judge “we tried to find them, but they moved” and the judge may give them a default judgement without notice to you. However, it is unusual for a law firm to go to the trouble of suing someone for $3,000 for an old debt. You have a few choices: you could ignore it, and see if they actually take you to court. If they do, you would have to defend yourself, or risk having a judgement against you. Or, you could call them and attempt to settle (but if you call them and acknowledge that you owe the debt, that restarts the two-year clock, so that’s risky). If this is your only debt, clearing it up may improve your credit report. If you have a lot of other debts that you can’t service, it may be wise to talk to a licensed insolvency trustee to review all of your options.

They could serve you at your job.

@@hoyesmichalos Hello ,I have a 2018 collection account with Koodo. I have received an email from a lawyer that if I do not make the payment, he will take me to court. I wonder if they can do it? Since this debt has been in collection for 3 years and I know that there are limits in each province, I live in Alberta. Thank you

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The Statute of Limitations is independent of what appears on your credit report. In general, in Ontario, after 2 years from the last activity date, the debt is past the limitation period and a creditor cannot obtain a judgement against you. However, most debts will appear on your credit report for a minimum of six years, so even though a creditor can't sue you, it still appears on your credit report until at least six years have elapsed.

@@JDouglasHoyes What's the difference between "Date Opened" and the "Date of Delinquency"?