Legal Question in Credit and Debt Law in New York
Collection on 8 year Debt - Apt Lease
I received a letter trying to collect on a 8-yr debt. I was evicted from an apt. bldg (@March/1995) in Westchester County. They claim there is a judgement against me but it is not on any credit reports. They want me to make arrangements in thirty days or they will pursue legal action(garnishment and seizure of property). Has the SOL expired? Please advise. Thank you.
1 Answer from Attorneys
Re: Collection on 8 year Debt - Apt Lease
THe statute of limitations has probably run if the debt became due 8 years ago...you should demand they provide you with a copy of the judgment they claim exists...that judgment if it exists, is good for 20 years...so it is important. DO NOT write anything to the entity that is demanding payment that can be viewed as an admission that you owe funds...simply ask for documentary proof that the creditor (landlord) is entitled to funds...do not admit you were the tenant, or that the creditor was the landlord, OR ANYTHING ELSE. You don't have to deny they have to prove...get it? Good luck