Legal Question in Credit and Debt Law in New York
cc debt
Now husband supposedly had a credit card while married to 1st wife. It has been 27 years and now a collection agency is trying to collect the debt. Can they do this?
2 Answers from Attorneys
Re: cc debt
They can try, but there are statute of limitation issues they would have to deal with in court: Six years for breach of contract. Twenty years for a judgment.
Something tells me your facts are incorrect. You may contact me by email if you need additional assistance.
Good luck!
Re: cc debt
Judgments in NY are good for 10 years and can be extended for another 10. Is there a judgment here, and if so, when was it entered (or renewed) [& if your huband don't know if there are any judgments out there, he needs to pull his credit report and check it]? Also, statutes of limitation can be tolled (i.e., doesn't run out) or extended by certain acts/conduct of the debtor. Would need more facts to answer this definitively (for instance, did your husband live continously in NY for last 27 years?)
There are debt buyers who are aggresively pursuing stale claims. Some of them have been the subject of regulatory action by state consumer agencies and/or state attorney generals. Some have also been the subject of private lawsuits under the Fair Debt Collections Practices Act. To evaluate your situation an attorney would need to see some documentation regarding the underlying debt. Does it show up on your husband's credit report, and how is it listed?
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Best regards,