Legal Question in Credit and Debt Law in New York

attempt to collect on 15yr old debt

In the early'90's I did a bankruptcy which included a number of debts. I've since misplaced my old papers from this bankruptcy and just recently got a letter from NCO GRP in New Jersey saying they are collecting on a $3,000 plus debt which is now with interest $16,000 plus. I don't recognize this debt, so if it existed...it was from my bankruptcy days. Plus in August my credit report shows this company accessed or made an inquiry. Can they collect and can they access my credit w/o permission?


Asked on 2/20/08, 7:29 pm

1 Answer from Attorneys
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: attempt to collect on 15yr old debt

They can not try and collect if it was discharged in bankruptcy.

If it wasn't, even though it is 15 years old, they can legally TRY and collect because many people do not know their rights and will offer to settle the claim or admit they owe the money and restart the SOL clock.

In NY, the SOL is 6 years. You need to tell them in writing not to contact you anymore. If they file a lawsuit, you must move to dismiss it by stating that the claim is time barred by SOL's.

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Answered on 2/20/08, 10:28 pm


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