Legal Question in Credit and Debt Law in New York

Statute of limitations

A credit agency is trying to collect from parking tickets I received 9 years ago.Is ther a statute of limitations on collection of these tickets?This is the first contact about these tickets in 8 years....


Asked on 4/01/04, 9:39 pm

2 Answers from Attorneys

Guy Lewit Guy Mitchell Lewit, Esq.

Re: Statute of limitations

Governmental agencies may have immunity from statute of limitations...but I don't know the answer for sure. The SMART thing to do is write a certified letter to the agency telling them NOT to contact you any further under the Federal Fair Debt Collections Practices Act. That ought to stop them from calling/writing to you. They can send it to an attorney..and you can demand proof that the statute of limitations (6 years) does NOT apply...and if the proof is not forthcoming I would say you are safe. Note that the statute does not prevent you from being sued...you would have to interpose an ANSWER to any such law suit that contains the AFFIRMATIVE DEFENSE that the statute of limitations has run...and then it would be up to the court to determine if that is accurate. If you are sued and you do not interpose the defense THEN IT IS WAIVED AND YOU WILL BE LIABLE FOR THE FUNDS...Also, any admission of the debt or partial payment can restart the clock on the statute SO MAKE NO ADMISSIONS OR "settlement offers"...good luck

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Answered on 4/02/04, 1:19 pm
David Slater David P. Slater, Esq.

Re: Statute of limitations

If fines were assessed and judgments entered

they can collect.

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Answered on 4/02/04, 4:17 pm


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