Legal Question in Credit and Debt Law in New York
whats the statute of limitations
i owe child support. have been on disability for 15 years. my children are grown 29 and 31 yrs old. my ex wife had collected welfare and i gave her cash money over the years. she now went to a web based collection agency that is harrassing me to pay them past due support. what is the statute of limitations on past due child support? is what this agency doing legal?how can i make them stop.
1 Answer from Attorneys
Re: whats the statute of limitations
I am familiar with web based CS collectors.
Under New York law, orders for child support made PRIOR to 8/7/1987 are governed by a 6 year statute of limitation under CPLR �213(1). Any arrears not reduced to a judgment are likewise governed.
If the mother did not commence an action for the arrears within the applicable time period the mother�s claim is now time barred.
However, if you have acknowledged during the 6 yr period you owe the $$, made a partial payment or promised to make partial payment in writing, you MAY have re-start the clock.
If not, tell the collection company in writing to stop all contact with you or you will file suit under the FDCA.
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