Legal Question in Credit and Debt Law in New York

Re: over ten years and now they are trying to collect

You are correct: the statute of limitations for debts of this nature is 6 years. However, if the debt came before a court and became a judgment, the time limit is 20 years.

This is a simple thing to discover. Writing to the county courthouse in the county where the debt was will get you this information. It may be available through your credit report. or just write a letter to the collection agency.

Many people feel that you should not correspond with the collection agency at all. I disagree. You can write to them and request information on the debt. Keep it simple, don't make any promises, just say that you want more information.

who the money was originally owed to

how much

how did the creditor come up with that amount

has there been a judgment or other legal proceeding on this debt

Ask just like that - a list of questions. don't let anyone intimidate you! You are welcome to a consultation for no fee at my offices at 42 West 44th Street, NY,NY. Please call for an appointment first. (646)591-5786 or (718) 729-2029

Re: over ten years and now they are trying to collect

Unless you see a judgment you owe nothing. The statute of limitations is 6 years.

Re: over ten years and now they are trying to collect

It is CRUCIAL that you do nothing re-affirms the debt. Therefore IF you choose to respond to the agency you MUST BE CAREFUL not to admit owing the funds way back then simply say you need them to provide some written documentation that such a debt exists because you have NO KNOWLEDGE OF IT...then, assuming there is no judgment, you can state that the statute of limitations has run without ANY OTHER REFERENCE TO THE DEBT like "I owed it but now its too late, or words to that effect.. If there is a judgment you need to have it vacated IMMEDIATELY. Judgments last for 20 years.