Legal Question in Credit and Debt Law in New York

Collection Notice

I was informed that I should send a registered letter to a collection agency to prove that I owe a debt. I have 2 remaining questions. This debt may be beyond the statute of limitations, can I ask in my letter for the date of this debt? And do they have to supply it. Also what happens after I send the letter, could they not respond, turn around and get a judgement against me for this debt and if they do get a judgement, do they have to show the judge the date of the debt?


Asked on 5/22/04, 9:57 pm

1 Answer from Attorneys
Guy Lewit Guy Mitchell Lewit, Esq.

Re: Collection Notice

you have to send them a letter certified mail reurn receipt requsted demanding to know the date the date became due and what the debt is for...if they sue you, file an ANSWER to the complaint with the court and in the ANSWER you MUST state (a) you don't have ANY recollection of the debt (so you DENY OWING IT) and (b) the Statute of limitations has run...YOU MUST Defend yourself and state those two things...then they can't get a judgment. A judgment is the END of the lawsuit...not the beginning or middle...if you don't claim the statute of limitations as a defense YOU WAIVE IT (losr it) and they can win...

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Answered on 5/24/04, 3:16 am


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