Legal Question in Credit and Debt Law in New York
statute of limitations
How do I prove that the statute of limitations has run out on a debt? It is no longer on my credit report because it is almost 10 years old.Yet the collection agency is taking me to court in June 2009
Asked on 5/21/09, 6:04 pm
1 Answer from Attorneys
Jeffrey Shepro
Jeffrey Shepro PC: NY Commercial Real Estate and Business Law
Re: statute of limitations
Be sure to bring up the statute of limitations argument. Once you do that, it is generally their burden to prove that they are within the statute of limitations. Keep in mind that if you made a payment on the debt it resets the point from which the statute of limitations begins to run. Depending on the facts of your case there maybe other options. If you would like to discuss further please contact me.
Answered on 5/21/09, 6:27 pm