Are you really free????

While beginning the process of filing a small claim in Ontario for my wife due to a breach of contract, I learned something new about the statute of limitations.

I'm sorry to say that just because six years have past since you defaulted on your student loans and stopped all payment or acknowledgement, does not mean you're fee and in the clear. It is sufficient to simply file the claim in court by the deadline. There is additional time available to actually serve the defendant. In the case of a small claims that time is six months.

This begs the question: what is the deadline for serving at the provincial and federal level for student loans not falling under the small claims category?

They have until the last day of the limitation period. Otherwise they miss the boat and it is never coming back unless you care to waiver your legal rights, as the case may be.

So my federal loans are truly gone, and the Ontario loan is being reduced very rapidly now by my tax returns. I want to repay it directly, but it has fallen off my credit report and I don't want to revive it on my now spotless credit file.

Hello, I have known about this fact for some time but, I have a different situation that involves the same issue.  I reached the limitations of a student loan that was through Scotiabank.  The loan dropped off of my accounts page for online banking.  Then I started to get harassed by collections, which because of the limitations having been reached I ignored as no judgement could be brought against me.  My Equifax report shows no loan, although my TU one does and when I asked them to remove it they said I would need to do so in writing,(incidentally they have my birth date wrong as well) I won't go into too much detail about the credit reporting as this is a forum about the limitations.  Here is where it becomes interesting, Scotiabank AFTER the limitations was reached and not even showing in my banking took out a 150$ charge without my permission and put it towards this no longer active loan.  When I asked them what this charge was for(because it didn't specify in my statements it just said 150$ for loan payment) not which loan and without any verbal or written consent.  They replied that they had every right to debit my account for outstanding loans or debts and that they would send me documentation to prove this.  In this documentation it states that the borrower gives the bank the right to do this if default occurs.  What it also says, in a separate area of this document is that Scotiabank before doing any debiting of anyones account must first notify said person.  I was not notified, nor did I technically have a loan with them any longer and...why then had they never done this before in over 10 years of me having an account with them?  So, now I get a receipt for income tax purposes that shows, that on Jan 1 2013 I had no principle loan amount 0.00$ but then I allegedly made a payment to them and suddenly I have a new Principle amount of over 20,000$ again.  My question is< How is this legal? If I file this receipt in my taxes does it wave any barred/limitations stance in my favor? 

Hi Johanny,
I need to discuss my case privately. Pls let me know how I contact you regarding my old student loan.
Thx