Hi, I am divorced. It states in our agreement, done by ourselves Jan. 1999 and notarized, that I owe a debt for our mutual overdraft. I have paid her cash (stupid) for the debt and she was to sign an affidavit swearing to this, never did, and has now chosen to pursue collection because she is choked about another matter. #1, is there a statute of limitations on such matters? #2, would this debt be covered if I filed bankruptcy? #3, do arrears maintenance payments get covered by bankruptcy? (She had agreed to lower payments and has changed her mind on that now too)

Each province has its own Statute of Limitations regarding debt collection and a lawyer can advise you about that law. The overdraft debt would be covered under a bankruptcy but maintenance/child support debt is not.

Ann Clarke
phone: (403) 296-2972
aclarke@moneyhelp.ca