Legal Question in Business Law in New York
collections
What is the statute of limitations for starting a collection action? An electrical company who performed work under a sub contractor agreement back in 1999 is trying to collect in a commercial small claims court. the date of the hearing is set for April 5, 2005
The company that this contractor did the for has not been in business since March of 2000.
3 Answers from Attorneys
Re: collections
The general s of L for contracts in NY is 6 years.
Re: collections
Generally speaking the statute of limitations in contract disputes is 6 years from the date of breech however the S of L only applies to the filing of a complaint in a court of competent jurisdiction not a time limit on a resolution of the case, or even of it coming up for a hearing.
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Re: collections
The issue you raise goes beyond just the statute of limitations issue. What was your affiliation with the disbanded business? If so, did you personally guaranty payments? Did you receive funding from the customer? If the prime contractor went out of business, did it follow all of the legal requirements, including notices to creditors? If you were affiliated with the prime contractor, did you receive any assets when it went out ofbusiness? Is the suit against just the business or you also? If the company went out of business and you have no possible personal liability, a judgment may be meaningless, as there is no one to collect against. Much more information is needed to provide a full answer.
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