As a Windsor trustee, I am noticing an increase in the number of phone calls and emails asking about that the statute of limitations on debt.
I am not a lawyer, and I am just giving my opinion on the topic.
The question I have been getting is “if the debt is greater than 2 years old can it be collected”. The short answer is yes (the long answer is you need to speak with a lawyer). The limitations act does not just automatically make the debt go away. The collector can still call and send letters. However, when they get to court it becomes a different matter. If you don’t show up and the creditor gets judgment, the limitation doesn’t apply. If you show up in court and advise the court that the debt falls within the statute of limitations, the court will take that into consideration and will not issue a judgment. Again, this is a legal matter and you will need legal advice on filing a defense. The statue of limitations does not apply to all debt, and again legal advice will be needed.
If you are inquiring about this, it is probably because you have debt troubles. Call me at 310-PLAN or email me and we can discuss your options and even book a no charge, no obligation meeting.
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