Legal Question in Credit and Debt Law in New York

statute of limitations

I would like to know what day the statute of limiations begins on a debt. Is it the day the debt became 30 or more days delinquent, or is it the date the company states as the date of last activity. Also, I recently received my credit report and noticed that a debt that became delinquent in 6/98 shows that I made two payments on that debt in 1999. This is incorrect information, how can I prove that I did not make those two payments.

I appreciate all responses and time given to this question. Thank you in advance.


Asked on 3/02/05, 11:45 am

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

Re: statute of limitations

The statute starts on the first day that the creditor has the right to sue you. Therefore, it commences ONE day after the due date of any payment. The statute is tolled by payments and various other acts. You don't have to prove you did not make a payment...they have to prove you did. It is VERY hard to prove a negative...(that you did not do something) and much easier to prove you did something...the inference being that if they can't prove you did...you didn't!

Good luck.

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Answered on 3/02/05, 5:59 pm


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