Legal Question in Credit and Debt Law in New York

Re: how long does a creditor have to collect a debt

There are limitations on the rights of a creditor to pursue a legal obligation. In New York, most rights are cut off after 6 years...but it can be tolled (extended) for a variety of reasons, one being if you are out of the state...so, exact dates are required and if it is beyond the 6 years you are not legally required to pay...that does not mean they can't sue you. If they do, you still have to answer, but you must allege as an affirmative defense that the statute of limitations has expired. If you do not, you waive that defense and they can win...since you did, after all, sign a written agreement. You should know that these contracts are all subject to a variety of laws and many are illegal...but you have to examine them and see if they violate any of the provisions governing their contents and their execution.

If you want send a copy of the contract to this office for a free evaluation.

Guy Lewit

Re: how long does a creditor have to collect a debt

While the statute is 6 years, you have a variety of other defenses.

For example, many of the contracts include a 'change of residence' clause.

Read the contract carefully and consult an attorney. This is likely a case the gym should lose.

You are welcome to a consultation at no fee at my offices at 42 West 44th Street (near Times Square). Please call for an appointment first (646) 591-5786.