Legal Question in Credit and Debt Law in New York

In 2000 I received two judgments in NY state. The debtor was involved in a divorce at the time. The debt was satisfied by cash from the sale of one property and transfer of deed from the second. The spouse in the divorce did not have any ownership of that property. I appeared as a witness for the debtor before a special referee in NY Supreme court. I now find that I am being sued, nine yrs. later for the amount that was collected. Unbeknown to me, in 2001 the special referee declared my claim to be incredible, fraudulent and without consideration. This is from my action from 9 yrs. ago and discovery of fraud from 8 yrs, ago. Am I covered by the statute of limitation?


Asked on 7/27/09, 10:07 am

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

I do not understand what claim the referee declared incredible. As to the judgments, once a judgment is entered you have 20 years to collect it. That is the statute of limitations on judgments. But you say the debt was satisfied, and you are being sued for fraud. The statute of limitations for fraud is 3 years from the fraud or two years from date of discovery of the fraud.

The lawsuit would have to have been commenced by 2004, if I understand you.

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Answered on 8/05/09, 8:43 am


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