Legal Question in Credit and Debt Law in New York

Re: Statue of Limitations

The Statute of Limitations has long run out and the debt is not enforceable.

Re: Statue of Limitations

Q. Since the debt allegedly occured in 1985, is there a statue of limitations on collecting;

A. Yes. Generally speaking, the statute of limitations is 6 years.

Q. Must they provide the documentation I requested?

A. Under the Federal Fair Debt Collection Practices Act, a collection company must verify the debt upon request from the debtor.

Mike

Re: Statue of Limitations

Dear Reader:

In examining this response, please note that we are not entering into an attorney/client relationship, that this is to be taken as informative, and not as legal advice, that it is always best to speak to a lawyer in your area and/or in the area where the transaction and/or events occurred, and that my answer is necessarily limited by the fact that I have not seen the documentation or had an opportunity to go over the matters with you in detail.

I generally concur with the previous responses. Oridinarily, in New York, a 6 year statute of limitation applies, but there are some exceptions which may apply, and these should be evaluated. You are entitled to have debt collector harrassment stopped as a matter of State and Federal Law, and if it does not, you may have affirmative legal recourse (damages). Debt collectors also must adhere to an industry code of ethics, and unethical behavior can be reported to the trade group.

As I mentioned before, this is something that you will want to take up with a lawyer of your own selection, either in your state or area or in a place where some of the pertinent events occurred.

Rod Kovel

Attorney at Law

516-312-9900