Collection of Old - Stats Barred - Loans

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Signatures

Printed From: CanadaStudentDebt.ca
Category: Immediate Attention and Info!
Forum Name: Collection of Old - Stats Barred - Loans
Forum Description: Post questions about old loans and Statute of Limitations Issues
URL: https://www.canadastudentdebt.ca/forum_posts.asp?TID=6167
Printed Date: 26/March/2026 at 10:42pm
Software Version: Web Wiz Forums 12.07 - https://www.webwizforums.com

Topic: Signatures

Posted By: Joeyramone
Subject: Signatures
Date Posted: 09/August/2011 at 12:38am

Hi There

I was wondering if anyone has heard of a case where for an old student loan, someone has asked to see proof of them owing and asked for original documents with signatures on them. Could this work in a court of law?

What I mean is, when people get their student loans they are documents to be signed, if the collection agency or RSC cannot provide these documents, how could they prove the loan?

Has anyone tried this? Given that the loans float between banks and the government, it might be worth a shot..

Replies:

Posted By: paulaffleck
Date Posted: 10/August/2011 at 11:04am

Could it work in court?

I'd think bank records, showing monies transferred from the lender, into your bank account, would allow a judge to infer that, on a balance of probabilities, you borrowed the money, since you received it in your account. Bank records can be entered into court as evidence, based either on the Canada Evidence Act, or on any provincial Evidence Act.

If you actually did borrow the money, you could not testify to deny it, because you cannot commit perjury. If you did not borrow the money, it is another matter. If you did not testify, the court would likely infer that you did borrow the money.

My 2 cents.

Paul