I have a claim against me for a student loan that is over 25 years old. I have a claim against me for a student loan

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

I am sorry to hear of this difficult situation.

While the new Limitation Act provides that there is no limitation period for suing for a student loan this only became the law in 2004. The Act is called the Limitation Act 2002 but actually didn't come into law until Jan 1, 2004.. Before that there was a 6 year limitation period for suing on a debt.

So if the right to sue on your debt expired before the new Act came into effect then it cannot be revived.

You have to figure out when your debt went into default, exactly and you will then know what to put in your statement of defence.

The law is very confusing in this area of the law and you won't find a consistent answer to this issue but it's my interpretation and I believe it is correct.

Does that help?

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You are very welcome.

What level of court is this?

How much are they suing you for?

The forms are all here:

http://ontariocourtforms.on.ca/en/rules-of-the-small-claims-court-forms/

You are very welcome.

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Thanks

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