statue of limitations

I am from NY. I have been contacted by a collection agency for 2 bills that are 11 years old. These are not on my credit report but is there a time limit when they are no longer collectiable?

[I AM ALWAYS LIABLE]

Originally posted by elainemr
I am from NY. I have been contacted by a collection agency for 2 bills that are 11 years old. These are not on my credit report but is there a time limit when they are no longer collectiable?

My response:

The Statute of Limitations on debts in New York is 6 years, which is counted from the date of last payment. Your debts in this matter are uncollectible. Do not pay anything toward these debts or you'll start the "clock" all over again.

IAAL

thanx for the info. Another question....Where would I find this legally written..law #, article #? Thanx again

[I AM ALWAYS LIABLE]

My response:

Most states have a statute of limitations effecting the collection of a debt. After that time has expired, in most cases, you are no longer obligated to pay the debt. That doesn't mean that collectors won't try to collect on the debt. They may count on the fact that you don't know that the statute of limitations has expired.

So, here's the cite for your States' laws on all Statutes of Limitations:
N.Y. Civ. Prac. Laws & Rules § 201 et. seq.

Why should you care about the Statute of Limitations (SOL)?

Every day, consumers pay off collection accounts and charge-offs which they do not have to pay off because the statute of limitations has already expired for the open account. Consumers pay off these accounts because the accounts still appear on their credit reports.

This information can be a powerful weapon in unburdening yourself of old debts, as creditors have a limited time in which to sue you. Remember: the Statute of limitations begins to run from the day the debt - or payment on an open-ended account - was due. Also, this has nothing to do with how long an negative credit item can remain on your credit report.

Consumers also pay off these accounts when they are not on their credit reports. Even though an account was removed from their credit file, a collector watched their credit report for any activity (actually the computer was watching any credit activity). When the collector spotted the activity, he called the consumer for payment. All the consumer needed to say to the collector was, "I have an absolute defense--the statute of limitations has expired."

The statute of limitations does not cause your debt to go away after it expires. If the creditor files suit, the consumer has an absolute defense. The consumer must offer the new evidence to avoid a judgement. The evidence will consist of papers the consumer files to support his claim. If the creditor sues you, and you do not prove to the court that the statute of limitations expired, you will have a lost lawsuit and a judgement against you.

When does the statute of limitations start?

You might be asking yourself, "It has been such a long time since my "open account" has had any activity. When does my statute of limitations started ticking." Use your credit report as a reference. Your credit report will tell you the date of last activity for your account. You will have your credit report with the date of last activity and a certified letter stating that the statute of limitations expired.

Depending on what state you live in, if you make a partial payment, you could be postponing the statute of limitations' taking effect on your collection account or charge-off. A collector might call you one day and say you waived your rights when you made a deal with the collection agency. Do not take anything a collector tells you for granted. Make them prove it to you, in or out of court. For about half the population, the statute of limitations started ticking the day they made the last payment for their account.

What state should I use in figuring out the Statute of Limitations?

According to Ron Opher, of [url]http://www.ron4law.com:[/url] In my opinion, the FDCPA applies, and so the only relevant jurisdictions are where the consumer signed the loan application and where the consumer currently lives (bank location is irrelevant). If those states are different, I believe the creditor has the choice of where to sue and can select the state with the longer SOL. There may also be an argument that the contract was signed "under seal" which might lead to a longer Statute of Limitations than an ordinary contract.

Summation:

Even though a debt is an absolute promise to pay, if the statute of limitations expiring is in force and the creditor tries to force you to pay the debt, you have the right not to fulfill the promise (debt).

Other references on this topic:
DebtControl.com

Good luck to you,

IAAL

IAAL:
You mention a certified letter. Is this a letter that the consumer sends the collection agency advising them of the SOL? Is this absolutely necessary for a good defense?
Thanks!

[I AM ALWAYS LIABLE]

Originally posted by SAMAGEE
IAAL:
You mention a certified letter. Is this a letter that the consumer sends the collection agency advising them of the SOL? Is this absolutely necessary for a good defense?
Thanks!

My response:

Absolutely. Always send correspondence by some provable and traceable method. That way, the collection agency will not be able to deny having received something from you.

IAAL

thank you so very much for your help!!! Consumers need to be more informed & we sure aren"t going to get it from the collection agencys!!

Thamks so much. It has been very helpful