Legal Question in Credit and Debt Law in New York
Attempt to collect a 10 year old debt
My granddaughter has received a phone call about a debt that was incurred by her mother (she used G-daughter's name) 10 years ago. G-daughter was 16 at the time and living with us. Apparently she established phone credit using G-daughter's name. Is she liable?
3 Answers from Attorneys
Re: Attempt to collect a 10 year old debt
No, she is not liable. Assuming your facts (that she never knew anything about it and never ratified it) she will not be held liable because: 1) she was a minor at the time; and, 2) federal law provides important defenses in situations such as hers.
She should consult with an attorney to learn how to proceed.
The above is not legal advise and is for informational purposes only as there is no attorney-client relationship.
Re: Attempt to collect a 10 year old debt
no.
Re: Attempt to collect a 10 year old debt
It would depend whether the debt had been reduced to judgment, which has a twenty year statute of limitations.
The original agreement would only have six.
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