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Debt Collection



In business there is one reality, customers will owe you money. This is where Invictus Legal LLP can help. Collecting on debts can be a big obstacle for your business. By bringing an Ontario Small Claims Court action, our Licensed Paralegals have the knowledge and experience to help you succeed and collect monies owed. Traditionally Debt Collection includes the following:


  • Unpaid Accounts
  • Failure to Repay a Loan
  • Breach of Contract, perhaps where a contract has been assigned to another party.
  • Small business debts.


Watch our video about Debt Collection


If a debtor fails to pay an outstanding balance on their account the court may be the best way to protect your interests and enforce the outstanding amount to be paid. Invictus Legal LLP has a team of Paralegals that are all trained recovering debts owed through Ontario's small claims court system. Our experience allows you to garner the legal advice you need to get through this process and move on.



Being owed money is not fun. People lose sleep, worse lose business income because of the problem of debt. Don't do that. Instead speak to our team of professionals here at Invictus Legal. We partner with small and medium sized businesses with ongoing debts. Additionally, debt collectors have partnerships with Invictus Legal because we can get the debts collected through the Small Claims Courts across the Province.

Small Business Creditors


If you are a small business and frequently face the challenge of having aged debts, often a year or more in arrears. Our trained paralegals have the knowhow to collect on your behalf.


These are typically aged debts that are more than six months unpaid, whether a consumer debt or business debt, including company and commercial credit cards. We work with corporations collecting debts under $35,000.00. In addition to our debt collection experts, we have a team of mediators and negotiators on our team that can help negotiate reasonable settlements. We manage the legal steps on your behalf.


At the appropriate stage we will pursue your legal claim through the courts, but our primary goal is always to recover as much of the debt as possible by negotiation with the debtor. If necessary, we work with you and the debtor to find a solution that is mutually acceptable.


Starting a Court action is a vital step. While not always necessary it is vital to consider lawful time limits. Our professionals will work with you to attain results. At Invictus Legal, we manage the enforcement process across the province. In Small Claims Court Invictus Legal can commence on your behalf any debtor action where the amount claimed does not exceed $35,000, excluding interest and costs such as court fees. If you have a debt owed to you, take action and collect it now.



Why go to Court?


Dealing with debt collection can be a challenging task, but it is often successful when both parties are willing to work together towards a resolution. When the debtor is unwilling to take responsibility for their debt, then court action is needed within a limited time period.


Understanding the limitations on debt collection is crucial for creditors. In Ontario, the basic limitation period dictates the timeframe within which creditors can pursue legal action against debtors for outstanding debts. This period is in place to protect debtors from perpetual legal threats and lawsuits. It's important to know when this limitation period begins and the implications it holds for the debt collection process.


This limitation period starts when the debt becomes “discoverable,” which is typically the date when the debtor defaults on their payment obligation. the precise wording of the invoice can help determine this. Remember this is not necessarily the date of that payment was missed. Many people errantly believe that after the limitation period expires, the debt is erased, it is not. However, at that time the legal options available to the creditor can be limited. If a creditor files a lawsuit after the limitation period, the debtor may be able to use the expired period as a defence. This does not mean that the claim is forgiven. 


As described in Independence Plaza 1 Associates, L.L.C. v. Figliolini (2017) and governed by the Ontario Superior Court Annotated Practice Rules, there are three underlying purposes for statutory limitation periods:


  • Certainty – There comes a time when a potential defendant should be secure in his or her reasonable expectation that he or she will not be held to account for past obligations.
  • Evidentiary issue – This rationale concerns the desire to foreclose claims based on stale evidence. Once the limitation period has lapsed, the potential defendant should no longer be concerned with preserving evidence about the claim.
  • Diligence – Plaintiffs are expected to act diligently and not sleep on their rights. Statutes of limitation are a motivator for plaintiffs to bring their suits in a timely fashion.


The purpose behind limitation law is to provide certainty and finality for defendants, which the Judge will always consider in relation to your claim.


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