Legal Question in Credit and Debt Law in New York

Am I responsible for a debt that is 15 years old?

I have been contacted by a collection agency for debt that is 15 years old. I believe the debt has been satisfied but any documentation I had has been destroyed. I believe it was a vehicle loan but the collection agency can not provide any details. Am I still responsible?


Asked on 4/27/04, 12:59 pm

2 Answers from Attorneys

Kevin Connolly Kevin J. Connolly

Re: Am I responsible for a debt that is 15 years old?

This is one of those times when I have to make a disclaimer: legal advice requires personal consultation. There are lots of outs and qualifications to what I am about to say:

Debts are generally subject to a six-year statute of limitations in New York. That means if you do not make a payment or acknowledge the debt for six years, the creditor is SOL. (Yes, that's a pun.) If the creditor reduced the claim to judgment, the statute is ten years, but an extension to 20 years is always available and in an appropriate case, even longer.

Do not, do not, DO NOT make "good faith" payments on stale debts: that will start the clock all over again.

Under FCRA and FDCPA, the collection agent has to substantiate the claim upon request, and until he does so he can take no steps to collect the claim. There are penalties if the agent tries to collect without supplying the substantiation. They are probably just shaking the tree.

You should pull a credit report and keep an eye on it; the agent may derog your credit rating in violation of FDCPA. You can clear nonsense in the credit report by writing to the credit reporting agency and asking them to verify the debt. Lots of bad stuff falls off the credit report that way and lots of "credit repair agencies" have no advise beyond contesting every debt on the report and waiting for the creditors to ignore the reporting agency's inquiry.

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Answered on 4/27/04, 1:08 pm
Guy Lewit Guy Mitchell Lewit, Esq.

Re: Am I responsible for a debt that is 15 years old?

OK...you've read Mr. Connelly's response...so what do you do? NOTHING. Do not admit to owing anything...Send the colleection agency a CERTIFIED LETTER RETURN RECEIPT REQIOESTED and tell them unless they can provide you with PROOF of the debt they MUST stop bothering you...don't mention you paid it...don't offer to settle it...don't do anyhting but demand proof...IF they send you something you signed way back when IT WILL BE TOO OLD TO ENFORCE. JUST Say that the statute of limitations has run. If they continue their efforts they will be in violation of the Federal fair debt collection practices act and you can sue them...

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Answered on 4/27/04, 1:36 pm


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