Legal Question in Credit and Debt Law in New York

I was contacted by a courier saying they were trying to serve me court papers and he gave me a case number and a phone number to call. I called the number and the person I spoke to said they were a debt mediation firm that would like to collect a debt for a gym membership I had back in 2006. If I declined to pay I would be taken to court and sued for the amount I owed. That's nine years ago! Is that legal?


Asked on 7/29/15, 9:14 am

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Doubt it. The Statute of Limitations has run.

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Answered on 7/29/15, 9:19 am
Guy Lewit Guy Mitchell Lewit, Esq.

That would depend on a number of factors. Where was the gym membership executed? If for instance you were in New York when you signed the agreement and then moved out of state, NY's Statute of Limitations (SOL) may have tolled (paused) while you were (or are) out of state. If you executed the agreement in another state and moved to NY, the same might be true. Also, different states have different SOL rules. If so, Mr. Slater's answer would be wrong. If within the Statute of Limitations you made a payment or signed an admission of the debt, that might have tolled or extended the Statute. If so, Mr. Slater's answer might be wrong. Normally, assuming NONE of the above (or other situations that go beyond the scope of this response) there is a 6 years SOL in the State of New York. Nonetheless, you could be sued and you would HAVE to interpose the expiration of the SOL as an affirmative defense. If you don't you might be deemed as having waived the defense. AS an aside, you did not mention where the collection agency is located. They may NOT have the right to collect from you. There are MANY state and federal statutes on the books that limit what actions a collection agency can take.

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Answered on 7/29/15, 9:28 am


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