Legal Question in Credit and Debt Law in New York

statute of limitations on a 14 year old credit card debt

I had a credit card that I stopped making payments on in 1989. I moved to Florida in 1989 and was never contacted by this credit card company again. In 1993 I returned to New York where I have remained. In 2002 I started receiving letters each month from a collection agency called Camco. I noticed that each month the current balance owed on the collection notice would change. Sometimes the balance would be hundreds of dollars more or less than the prior months. I did not respond to any of these notices because I was growing more and more suspicious. I check my credit reports each year and there is no mention of this debt on any of them. Should I just keep ignoring these notices? I know the statute of limitations has run out to attempt to collect. Is this collection agency doing something illegal? I feel they might be.


Asked on 5/06/04, 9:32 am

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

Re: statute of limitations on a 14 year old credit card debt

The statute was tolled (did not run) while you were out of state...but since you returned in 1993 it is clear that more than 6 years ran since then...so if you did not make a payment or admit the debt in writing the statute has expired. That does not prevent the creditor from trying to collect it...the statute of limitations is a defense to a law suit...it can be waived if not properly raised when a law suit is commenced. Your best course of action is to send a certified letter to the agency Return Receipt Requested demanding they provide PROOF of your liability (which is all dated in the 80's or STOP contacting you in any way). If they ignore your letter, send it again certified, RRR. If they STILL ignore you you have the basis for a claim against them and the creditor for violation of the Federal Fair Debtr Collection Practics ACt...Note they can send it to another agency and you have to start over again with the notices. and they can sue you...if they do, you deny the debt and state as an affirmative defense that the applicable statute of limitations has run. Good luck

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Answered on 5/06/04, 1:23 pm


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