A collection agency is calling about a 6-year-old debt
What Ontario law says when a collector chases a very old debt, and whether it can still be on your credit report.
Can they still sue?
In Ontario, most consumer debts have a 2-year limitation period that starts when you first missed payment or last acknowledged the debt. After that, the debt is usually 'statute-barred': the collector can ask you to pay, but cannot win a lawsuit for it.
Paying a small amount or signing something that admits the debt can sometimes restart the clock. Get advice before you pay anything on an old debt.
Can it stay on my credit report?
Most negative items are reported for about 6 years from the date of last activity. If yours is older, it should already be gone. Re-dating an old account to keep it on your report ('re-ageing') is not allowed.
What collectors cannot do
Collectors in Ontario must follow the Collection and Debt Settlement Services Act. They cannot threaten legal action they can't take, call at unreasonable hours, or discuss your debt with your employer, friends or family (except to get your contact details).
You can send a written request that they communicate with you only in writing.
What to do
Write down every call. Pull your Equifax and TransUnion reports and check the dates. If the item is too old or the details are wrong, dispute it in writing and demand proof of the debt.
Want a lawyer to look at your situation?
General information only, not legal advice. Laws and bureau policies change.