Legal Question in Credit and Debt Law in New York

Ten Year Old Debt Collection--Defenses Available

Although I cannot advise you unless I represent you, anyone who disputes a debt which is in collection needs to put their dispute in writing immediately and send it via certified mail to the collector as soon as possible. If this is done promptly enough, the collector will be required to verify the debt with the original creditor under the FDCPA (Fair Debt Collection Practices Act). Under the same act, the debtor (�collectee�) also has the right to demand in writing that the creditor cease and desist from all further collection attempts outside of lawsuits. If a statute of limitations may have expired, a lawsuit will allow the debtor's attorney to request permanent dismissal of the creditors claim by the judge. It is still legal to attempt to collect on such old debts, but only within this protective framework. Many consumers are ignorant of these provisions, in which event the creditors can continue to attempt to collect, sometimes successfully. If you have several matters in collection or other financial problems, you should also consult with an experienced bankruptcy lawyer.