Legal Question in Credit and Debt Law in New York

Collection of old debt

I recently received two letters of collection from two different debts that were owed quite a while ago. For the first, the last payment to them was in September of 1997 and the other was even earlier, 1994. Can they still collect on these debts? What do you recommend I do? Thank you for your help.


Asked on 11/25/06, 3:10 pm

2 Answers from Attorneys
Guy Lewit Guy Mitchell Lewit, Esq.

Re: Collection of old debt

DO not admit the debt. DO not offer a settlement. Do not talk to the collection agencies on the phone. Send them registered letters and tell them to STOP harassing you. You can add in the letters that you have NO IDEA what the debt is for and demand they provide proof you owe money. If the proof is as old as you say, DO NOT RESPOND. IF you are sued, THEN you must respond and you should go to court where the action is pending and file an ANSWER. In the ANSWER you MUST MUST MUST state that the statute of limitations has expired and the creditor has no legal right to collect the funds. DO NOT OFFER TO SETTLE, DO NOT ADMIT THAT YOU OWED MONEY YEARS AGO..anything like that can renew the debt and you would lose your best (and winning defense). They will try to trick you into making a small good faith payment...and that will be enough to renew the entire claim...TELL THEM TO GO AWAY in writing (certified mail) or you will sue them!

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Answered on 11/27/06, 10:07 am
Robert R. Groezinger GroezingerLaw P.C.

Re: Collection of old debt

These may be valid in in statute...the statute of limitations is 6 years either from the date fo the breach of contract or the charge off date.

If you are sued on them, interpose an answer.

Good Luck

RRG

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Answered on 11/25/06, 3:23 pm


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