Legal Question in Credit and Debt Law in New York

Re: old debt

From your facts I cannot answer your question but I can tell you that if there is a judgment entered against you the judgment creditor can pursue you for up to 20 years from the date the judgment was entered.

If no judgment was entered, the creditor's right to pursue you may have expired due to the 6 year statute of limitations on the right to sue for a credit card debt. The 6 years starts to run when several different situations may occur, like, the last time a partial payment was made on a debt, or, the date that it can be proved that the debt was admitted or a promise to pay it was made, but certain actions (like fleeing the state) tolls the statute, meaning it does not run while the debtor acts improperly. You may have to find out about the judgment part since your question does not indicate whether a judgment was entered. If one was entered you should know that the amount due increases by 9% or more every year because 9% is the legal rate of interest in New York. A divorce ruling that your spouse is responsible for the debt does not keep the creditor from suing you. It simply means that if you are sued and end up having to pay, you can then pursue your spouse to get the money back. It would be a denial of due process for a Judge to make a ruling that adversely affects a third party's rights without giving that third party an opportunity to be heard (or even making them aware of what the Judge is ruling.) Can you imagine what would happen if they could? Husbands (with the assets) would divorce their wives (who spent the money but doesn't own anything) and would get the Judge to rule that the wife is responsible for the debt and the husband does not have to pay, though it is more likely that the wives credit card debt is transferred to the assetted husband.

Re: old debt

From your facts I cannot answer your question but I can tell you that if there is a judgment entered against you the judgment creditor can pursue you for up to 20 years from the date the judgment was entered.

If no judgment was entered, the creditor's right to pursue you may have expired due to the 6 year statute of limitations on the right to sue for a credit card debt. The 6 years starts to run when several different situations may occur, like, the last time a partial payment was made on a debt, or, the date that it can be proved that the debt was admitted or a promise to pay it was made, but certain actions (like fleeing the state) tolls the statute, meaning it does not run while the debtor acts improperly. You may have to find out about the judgment part since your question does not indicate whether a judgment was entered. If one was entered you should know that the amount due increases by 9% or more every year because 9% is the legal rate of interest in New York. A divorce ruling that your spouse is responsible for the debt does not keep the creditor from suing you. It simply means that if you are sued and end up having to pay, you can then pursue your spouse to get the money back. It would be a denial of due process for a Judge to make a ruling that adversely affects a third party's rights without giving that third party an opportunity to be heard (or even making them aware of what the Judge is ruling.) Can you imagine what would happen if they could? Husbands (with the assets) would divorce their wives (who spent the money but doesn't own anything) and would get the Judge to rule that the wife is responsible for the debt and the husband does not have to pay, though it is more likely that the wives credit card debt is transferred to the assetted husband.