Legal Question in Credit and Debt Law in New York
old bill
I got a letter from a collection agency stating that I need to pay a bill. Originally this bill was from beneficial bank around 6 or 7 years ago.I'm gonna send the collection agency a letter for them to prove to me that I owe anything. My questions are: Will they send me the actually date when I defaulted to pay beneficial, and I also know the statute of limitations is 6 years, is that exactly 6 years to the date or could it be 6 years and a few months? And what would happen if the collection agency decides to ignore my letter and just turn around and sue me for this debt? Also,if this matter is 6 years ago, when does the clock start ticking again, is it the day the collection agency sends me notice, or is it when I make a payment to the collection agency?
1 Answer from Attorneys
Re: old bill
You got some of the thinking right and some wrong...the statute of limitations runs from the date that you first owed the money...it is six years to the day...not one day more...HOWEVER, if you made a payment on the old debt, it is six years from the last payment, or written acknowledgement of the debt. SO, don't ever make a payment and DON'T EVER even agree that it is owed...just claim you don't know anything about it and demand written proof of what the debt is for and WHEN it came into existance...if they send you something and it is more than 6 years ago...say I DON'T HAVE ANY RECOLLECTION OF THIS DEBT BUT IT DOES NOT MATTER BECAUSE THE STATUTE HAS RUN...they'll try to get you to make a good faith payment on a "sure thing" settlement, then pull back on the settlement and use your payment to start the clock ALL OVER AGAIN...do not send money do not admit the debt. GOT IT? They can still sue you...but you have the best defense possible...the statute of limitations...which you MUST state in your answer to whatever complaint they serve on you...if they try to...