Being Sued by a Collection Agency in Ontario: Know Your Rights
When the plaintiff on a Statement of Claim is a collection agency or a debt buyer rather than your original bank or lender, you may have more room to defend than you think.
First: the deadline still applies
It does not matter who is suing you — if you were served in Ontario, you generally have 20 days to respond. Missing it can lead to a default judgment, so treat the clock the same way you would with any creditor.
What is different when a collection agency sues
Many collection agencies are debt buyers who purchased your account for pennies on the dollar. To win, they must prove they actually own the debt and that the amount is correct — a chain that is frequently incomplete.
- Standing / ownership. The agency must show a valid assignment of your specific account.
- The amount. Interest and fees added after purchase are often disputed.
- The limitation period. Ontario’s two-year clock runs from discovery, usually the last payment or activity — not from when the agency bought the debt.
What to do
- Write down the date you were served.
- Do not admit the debt or pay before getting advice — it can restart the limitation clock.
- In your defence, ask for proof the agency owns the debt and how the amount was calculated.
- Get a legal review inside the 20-day window.
Whether a collection agency’s claim can be defended depends on the paper trail. That is exactly what a short legal review is for.
Sources
The law in this post comes from these government and court sources. They are the authority; this post is the explanation.
- Rules of Civil ProcedureR.R.O. 1990, Reg. 194 (Rule 18 defence deadline, Rule 19 default judgment, Rule 60 enforcement)Government of Ontario, e-Laws
- Rules of the Small Claims CourtO. Reg. 258/98 (claims of $50,000 or less)Government of Ontario, e-Laws
- Limitations Act, 2002S.O. 2002, c. 24, Sched. B (basic two-year limitation period, s. 4; discoverability, s. 5)Government of Ontario, e-Laws
- Conveyancing and Law of Property ActR.S.O. 1990, c. C.34 (s. 53: assignment of debts, which is how a debt buyer acquires the right to sue)Government of Ontario, e-Laws
- Collection and Debt Settlement Services ActR.S.O. 1990, c. C.14 (registration and conduct of collection agencies)Government of Ontario, e-Laws
General information for Ontario, not legal advice. Reviewed by Angelos Spingos. Last reviewed July 6, 2026.