Legal Question in Credit and Debt Law in New Jersey

Statute of Limitations

Dear Sir/Madam,

I recently applied for unemployment insurance in the state of New York. They have notified me that they are withholding $900.00 for an alleged overpayment made to me in in 1999. Since this is past the statute of limitations in New York, is it lawful for them to withheld these monies?

Any help would be greatly appreciated,

Thank you,

--name removed--Bello


Asked on 12/13/06, 7:10 am

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

Re: Statute of Limitations

You should probably consult with a NY lawyer who would be familiar with the NY statutes. That said, I don't think that the answer below would change very much.

A "statute of limitations" is normally a statute that limits the time during which actions can be brought before a court or administrative body. They are not "reset buttons." Money in the hands of the State can stay there even if the State never sued you for the overpayment. If you disagree with the overpayment determination, you may still be able to file suit against NYS to have the record corrected but the burden is now on you to do that within the time permitted by law.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 12/13/06, 12:38 pm


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