Legal Question in Credit and Debt Law in New York

Starting Date for Statute of Limitations

I am trying to collect on a $1,000 debt in New York whose original transaction date goes back to August, 1995. I've seen some posts here indicating the statute of limitations is 6 years. My question is when does New York law say the 6-year period starts? from the original transaction date which is now more than 6 years ago? from some specified period of time after the original transaction date (90 days after? 6 months after?). It's not like I've sat around for 6 years doing nothing. I have sent several letters asking for payment. Having done that, does that give me more time?

Thanks.


Asked on 4/01/02, 10:05 am

1 Answer from Attorneys
Thomas Luz Pearce & Luz LLP

Re: Starting Date for Statute of Limitations

I assume that the debt arose from some sort of contract and that payment was due in a lump sum. Different facts, maybe different answer.

Statute of limitation is six years, and commences on the date the payment fell due. If payment fell due before April 1, 1996, you may not sue. Collection efforts do not toll the running of the statute.

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Answered on 4/01/02, 11:03 am


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