Legal Question in Credit and Debt Law in New York

Im being petitioned to a new york state small claims court , for a demand note , written in 1985 , and was told by the originator , consider it paid, way back in 1987. Is this still valid ?


Asked on 3/25/14, 9:35 am

1 Answer from Attorneys
Guy Lewit Guy Mitchell Lewit, Esq.

You were sued in small claims court on a demand note that was written in 1985. The Statute of Limitations is six years. It tolls (does not run) for a variety of reasons none of which can be discussed under the thin facts you provided. Unless one of those reasons exists, the debt is beyond the SOL and cannot be collected in a legal action...HOWEVER, you must make the argument, it does not happen on its own.

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Answered on 3/25/14, 10:01 am


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