Legal Question in Credit and Debt Law in New York
Debt collection
My ex-husband had his bank accounts seized because of an upaid hospital of mine. We were married at the time of my hospitalization. It was over 10 years ago. So far, my accounts have not been seized. (a matter of time, i know). When I contacted the lawyer, they said I could set up a payment plan and would mail me the payment booklet after i make the first payment. Will interest accrue on this judgement? I have never been contacted by them. When questioned, they said they sent me a certified letter in 1996. (I never received it). Should I begin payment without a written agreement?
2 Answers from Attorneys
Re: Debt collection
My colleague has accurately analyzed the issues of law and gives sound advice.
Because the statute of limitations has run out (the debt is too old to be collectable) you have a moral but not a legal duty to pay the debt.
If you choose not to pay, then do not suggest, imply, or otherwise in any way shape or form acknowlledge the debt exists.
If you want to pay 1/4 or 1/2 as a moral duty, then write to the creditor and (1) deny the debt and (2) offer to settle for the amount you choose to offer. (It is reasonable to make such an offer to avoid a lawsuit.)
In every correspondance, deny the validity of the debt.
Good luck.
Re: Debt collection
A payment acknowledges the debt. I would not pay.
If there is no judgment against you, then the statute of limitations has expired. That does not mean that you cannot be sued, but only that the statute of limitations will be your defense.
I do a fair amiount of collection work for both sides down county. Feel free to contact me with any questions.
Good Luck
RRG
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