Is there a time limit to sue for money owed? Ontario

DiverDown6699

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And yes there is something called the 'Statutes of Limitations'. This outlines the length of time that one can be prosecuted for different civil and criminal acts. Perhaps it applies to Small Claims .... ?

I seem to recall 2 years for small claims ... Without checking that is.

Cheers,
DD
 

afterhours

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Small claims court in Ontario is worthless all they do is ask you to fill out forms and pay fees and join lines to submit the forms
you are stupider than I thought
 

canada-man

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Jun 16, 2007
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Toronto, Ontario
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you are stupider than I thought
i am talking from experience i sued a scam company got a default judgement against them because they decided not to file a defense claim and after this they disappeared.
 

DiverDown6699

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canada-man said:
i am talking from experience i sued a scam company got a default judgement against them because they decided not to file a defense claim and after this they disappeared.
There is ALWAYS a trail a Private Investigator can follow to find the parties responsible.
 

richaceg

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Feb 11, 2009
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don't forget, if you have all the proof of what they owe you and 99% chance of winning, don't be greedy with the interest ...BUT...as this douchebag is trying to play hardball...you can add a little something for the trouble he put you up chasing for your $$$. Some judges will reward some will not. presence of mind is your friend in court. acting like an ass will not help you (even if you're winning).
 

69Shooter

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There is ALWAYS a trail a Private Investigator can follow to find the parties responsible.
Maybe. But in OP's case he can't afford a lawyer so, what are the chances he can afford a private investigator. I think canada-man's experience just shows that successfully getting a judgement in small claims court is in no way a guarantee that you're going to get any or all of your money.
 

DiverDown6699

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69Shooter said:
Maybe. But in OP's case he can't afford a lawyer so, what are the chances he can afford a private investigator. I think canada-man's experience just shows that successfully getting a judgement in small claims court is in no way a guarantee that you're going to get any or all of your money.
Private investigators are cost effective when comparing the cost of a lawyer. Or a Paralegal would even be a less costly option. If he is that financially lacking, there is always Legal Aid he can use for assistance, not representation but consulting and asking for a general 'point me in the right direction' discussion. Genuinely, I think most lawyers offer a free hour consult, I don't think they would shy away from mild advice.
 

Ohyesuare

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If you don't have money for a lawyer hopefully you have enough for the small claims court fees. Last I heard it wasn't cheap.
 

afterhours

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i am talking from experience i sued a scam company got a default judgement against them because they decided not to file a defense claim and after this they disappeared.
how is small claims or any court responsible for you doing business with scam companies and/or deadbeats? what court in what country protects from that?
 

GPIDEAL

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Jun 27, 2010
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You speak with great authority... but you know zilch.

You have two years from the time you serve a demand for payment.

And the Small Claims Court is the perfect place to pursue it if he does not pay after demand.

p.s. I know what a "fromage" is, but what is a "formage"?

Perry
You misquoted him counsellor. He said 2 years when it's due which in his case is from the demand date. Isn't that what you just said?

The general rule is two years (assuming from 2004 onwards) from the date of the claim (so if an invoice was rendered, it would 2 years from the invoice date regardless of any subsequent letter demanding payment). There are rules governing discoverability of a claim.
 

GPIDEAL

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Jun 27, 2010
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If they have assets I will get the money (he has a lot of them). Once you have an order the money is easy to get (i.e. sheriffs sale, garnishment etc.). The tricky part is suing a scum bag who collects welfare and collects cash money. Then that becomes a nightmare but people with assets have to pay one way or another,
The debtor must have assets in his name. If not, you're SOL for the most part, unless you can prove fraudulent conveyance or breach of trust, as the case may be.
 

GPIDEAL

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Jun 27, 2010
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Thanks for the advice. I will send them a demand letter via server ASAP and then give them 30 days to pay before I start a small claims.
Visit the Ministry of the Attorney General of Ontario's website for the section on Small Claims Court which includes guides and forms (assuming the jurisdiction is Ontario).

The statutory claim limit is now $20,000.
 

69Shooter

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Visit the Ministry of the Attorney General of Ontario's website for the section on Small Claims Court which includes guides and forms (assuming the jurisdiction is Ontario).

The statutory claim limit is now $20,000.
If that's correct isn't OP sol? I don't think you can sue for less than is owed just to get into small claims court; can you?
 

afterhours

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If that's correct isn't OP sol? I don't think you can sue for less than is owed just to get into small claims court; can you?
of course you can
 

GPIDEAL

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Jun 27, 2010
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Also maybe you should put a lean on the property so they can't switch ownership of property. Good luck and you should charge a fair interest rate.
You can't lien a property unless it was for work rendered or materials supplied/installed, and within a certain time period. However, if the OP gets judgement, he can register a writ of seizure and sale in various jurisdictions which can act like a lien against any proceeds from sale of a property (provided in his name), or he can register a garnishment against the debtor's wages.
 

GPIDEAL

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If that's correct isn't OP sol? I don't think you can sue for less than is owed just to get into small claims court; can you?
The small claims court (SCC) will only allow you to sue within the statutory limits, so what 'afterhours' said. Since SCC is cheap, it probably is cheaper to take the discount than to sue with a lawyer in a higher court.
 

GPIDEAL

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i am talking from experience i sued a scam company got a default judgement against them because they decided not to file a defense claim and after this they disappeared.
I've garnished bank accounts in SCC or forced debtors to settle on the steps of the courthouse or eve of a trial. SCC is a good remedy. You don't seem to understand that there's a difference between getting judgment and collecting. If the debtor is judgment-proof, the SCC can't guarantee recovery. You have to do your homework. Even the SCC guide's touch on this.
 
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