Do debt collectors take you to court?
debt collectors court, debt collectors taking you to court, Ontario
If you don’t settle your debts in Canada, debt collectors might take you to court. They have a two-year window in places like Ontario to bring legal action from your last debt acknowledgment. Knowing your rights and responding promptly to a Statement of Claim can help avoid default judgments. Always be prepared and informed. Reach out via phone, text, or live chat if you have any questions.

Understand your rights with debt collectors and court action.
Debt Collectors Court Question
Do debt collectors take you to court?
I’m worried about debt collectors suing me. Can they really take me to court?
From: Anonymous Question
Location: Milton, Ontario (ON)
Category: debt settlement
Debt Collectors Court Answer
Absolutely, if you don’t settle your debts in Canada, debt collectors might take the legal route. Now, this usually hinges on things like your income, the assets you hold, and if the statute of limitations applies. In Ontario, collectors have a two-year window from when you last acknowledged the debt to take you to court. If it’s past that mark, they’re out of luck legally. It’s super important to know your rights and how to respond if you get a Statement of Claim, to sidestep any unpleasant default judgments.
From: Insider Scott
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Office of the Superintendent of Bankruptcy (OSB) Answer
Yes, debt collectors can take you to court. If you fail to pay your debts, creditors may choose to file a lawsuit to recover the money owed. This action is governed by the Bankruptcy and Insolvency Act, particularly under Part III, which outlines the rights of creditors. Additionally, the applicable provincial legislation may detail the process and procedures for initiating such legal actions. It’s important to note that debt collection practices are also regulated under the regulations, including the Collection Agencies Act, which stipulates standards for the conduct of debt collectors.
From: OSB Helper
Related Questions to Debt Collectors Taking You To Court
Here are the top 5 most frequently asked questions related to the topic of debt collectors taking you to court, based on common concerns and search trends:
1. Can a debt collection agency sue me?
- Yes, a debt collection agency can sue you if you haven’t paid your overdue bills.
2. How long can a debt collector pursue a debt?
- A debt collector can pursue a debt indefinitely, but the statute of limitations for legal action varies by province, typically ranging from 2 to 6 years.
3. What happens if I don’t respond to a civil claim from a debt collector?
- If you do not file a valid dispute note or appear in court, the court will award the creditor with a judgement against you.
4. Can a debt collector sue me if the debt is past the statute of limitations?
- No, a debt collector cannot sue you if the debt is past the statute of limitations in your province.
5. What are my options if a debt collector obtains a judgement against me?
- If a debt collector obtains a judgement, they can take several steps to collect the debt, including wage garnishment, asset seizure, or other legal means to recover the debt.
If you have a question about debt see our debt questions or ask your own debt related question.
References
Title, Source |
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Debt Collection in Canada, Canadian Bar Association |
Understanding the Statute of Limitations, Government of Ontario |
Guide to Small Claims Court, Ministry of the Attorney General |
Bankruptcy and Insolvency Act (R.S.C., 1985, c. B-3), Government of Canada |
Table of article references
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High cost of gas, high cost of groceries, high lending rates, low salary - being in debt is not your fault! See if you qualify for government debt programs and get out of debt today!