Legal Question in Credit and Debt Law in New York

Re: Collection of Outated Debt

Yes, they can pursue it but your defense is that the debt is beyond the 6 yr(not 7) SOL's. BUT this debt cannot be placed on credit report or remain there after 7 yrs from date of original delinquency. Be aware that if you make a partial pymt or acknowledge the debt in a writing, you start the 6 yr clock running all over again. Send them a letter and state the debt is beyond the SOL and not to contact you any further.

Re: Collection of Outated Debt

My colleague is correct that the debt MAY be beyond the statute of limitations (its 6 years for most debts)...but YOU SHOULD NOT SEND A LETTER SINCE THAT MIGHT, in an of itself, toll the statute...MY ADVISE IS TO IGNORE THE AGENCY ENTIRELY. NOTHING you will say will help...only hurt (Make NO offer of settlement, do NOT refer to the amount due as a "debt"...DO NOTHING. If the matter is referred to an attorney you can TELL the attorney that IF he sues, you will interpose the defense of Statute of Limitations. He can still sue...and if you don't refer to "statute of limitations" you will be responsible for the debt. Be careful.

Re: Collection of Outated Debt

This is one to avoid stress on. Do nothing, or write to the collection agency that the alleged debt may not be collectable because it is aged. You are welcome to a consultation at no fee at my offices at 42 West 44th St, NY,NY. Please call for an appointment first (646) 591-5786.