Do judgments expire in Ontario?

Asked by: Estelle Mills  |  Last update: March 15, 2025
Score: 4.1/5 (43 votes)

Does my Judgment Expire? If you obtained a judgment by an Ontario court or tribunal on or after January 1, 2004 that judgment never expires. See the Limitations Act, 2002, Section 16(b). Some judgment procedures require a judge's order to allow you to enforce a judgment more than six years old.

How long does Judgement stay on your record?

A judgment can remain on your credit report for seven years from the date it was originally filed. Even if you pay the judgment, your credit report will show the judgment was satisfied. It can, however, still remain on your credit report the entire seven-year period.

Do Judgements expire in Canada?

A Judgment is valid for 10 years from the date that it was entered.

What happens if a defendant does not pay a judgment in Ontario?

If the debtor has been ordered by the court to pay the creditor money but he or she has not paid, the creditor can ask the enforcement office to take specific personal possessions belonging to the debtor and sell them at public auction so that the money can be used to pay the judgment debt.

How long can a judge reserve judgment in Ontario?

After an appeal is heard, the Court of Appeal for Ontario may make its decision the same day or shortly afterwards, or may reserve judgment for up to several months.

The Enforcement of judgments in Ontario - An Overview

25 related questions found

How long is a judgment good for in Ontario?

Does my Judgment Expire? If you obtained a judgment by an Ontario court or tribunal on or after January 1, 2004 that judgment never expires. See the Limitations Act, 2002, Section 16(b). Some judgment procedures require a judge's order to allow you to enforce a judgment more than six years old.

How long can a judge hold you?

Once a person is found in contempt, the judge then adds a punishment term. The punishment is mainly a fine or confinement in jail for a brief period of time. Confinement is usually a day or two, but occasionally can be six months or more.

Can you go to jail for not paying a Judgement in Canada?

A common concern among debtors is the possibility of jail time for unpaid debts. In Canada, you cannot be imprisoned for failing to pay a debt. The only exception is in cases of fraud or other criminal activities related to the debt.

How long before a creditor can garnish wages in Ontario?

The time between a missed payment and wage garnishment typically takes 3-6 months, depending on how quickly your creditor takes legal action. After receiving a garnishment order, your creditor will notify your employer, who must immediately enforce the order once it is received.

Does a judgement go on your credit report?

Judgments appear on your credit report, so be sure to update your report after you pay.

Does debt disappear after 7 years in Canada?

The myth comes from the fact that most negative information will leave your credit report within seven years of an incident. In reality, a missed payment on your debt will only take six years to disappear from your credit report, but this has no effect on whether you still need to pay.

Does a Judgement fall off after 7 years?

Generally, a lien of judgment expires six years after the entry of judgment unless revived.

How long can a court case last in Canada?

The Supreme Court of Canada in R. v. Jordan, 2016 SCC 27, established presumptive time limits for the completion of criminal trials. If the trial is being held at the Ontario Court of Justice, the trial must be completed within 18 months (1.5 years) of the charge being laid.

Do judgments ever go away?

Most judgments (the court order saying what you're owed) expire in 10 years. This means you can't collect on it after 10 years. To avoid this, you can ask the court to renew it. A renewal lasts 10 years.

How long will Judgement last?

In most cases, a renewal of judgment will last 10 years, and this can be done repeatedly. The earliest you can re-renew a judgment is after five years, and many people choose to do this to include interest. However, there are other judgments that can only be renewed once after five years.

Can a judgement be renewed after it expires?

California allows the judgment to last ten years and it can be renewed for an additional ten years if the creditor files the required forms in a timely fashion. Failure to renew the judgment prior to the ten-year time limit voids the judgment forever.

How long can a creditor come after you in Ontario?

In Ontario, creditors only have two years from the date of the last charge, last payment or written acknowledgement of the debt to take legal collection actions. The Statute of Limitations on debt collection in Ontario applies to specific collection actions that require the creditor to sue for a court judgment.

Can a creditor garnish my wages after 20 years?

Creditors can potentially garnish wages after 7 years, depending on the type of debt and state laws. The “7-Year Rule” often causes confusion, but it doesn't universally apply to all debts. Federal debts like student loans and taxes can be collected beyond 7 years, while state laws vary on judgment enforcement periods.

What is the maximum garnishment allowed Ontario?

There's a limit to how much of your wages a creditor can garnish. In Ontario, the maximum amount creditors can garnish is 50% of your wages. The 50% limit applies to spousal and child support payments. For commercial debts, such as a personal loan or credit card, creditors can only seize a maximum of 20%.

Can a 10 year old debt still be collected?

Old (Time-Barred) Debts

In California, there is generally a four-year limit for filing a lawsuit to collect a debt based on a written agreement.

Can you be stopped at the airport for debt in Canada?

Unless a court order has been issued by a Canadian court to have someone detained when they re-enter the country, that person cannot be held at the border when attempting to return to Canada.

Can your bank account be garnished in Canada?

Wages or bank accounts may be garnished to satisfy a judgment debt. A wage garnishment is a court order that instructs an employer to pay into the court's trust account a determined percentage of the debtor's wages.

What if a judge ignores the law?

If you feel the judge committed misconduct, what you can do would be to report him to your state's judiciary committee. If what he did is serious enough, he could be unseated, even potentially disbarred.

Is there a time limit in court?

A statute of limitation is a time limit that applies to certain types of court cases. Many causes of action will have different time limits based on the laws of the state. It is important to know what your legal claim is and how long you have to bring it.

What's the longest a judge can serve?

Supreme court justices may be appointed for a term of years, have a mandatory retirement age, or given 'life tenure' with a mandatory retirement age. Mandatory retirement age ranges from 60 – 75 years. Judges serving on constitutional courts usually serve a single 7 – 12-year term.