Vacated Judgement, has statute of limitations run out?

What is the name of your state? New York


Hello,

Back in March of 2001, I purchased a computer from Gateway. I lived in New York and I was 18 years old at the time and my father was going to take care of the payments. Needless to say we started to miss payments in September of 2001.

I moved to Florida in December of 2003 and I haven't heard anything from Gateway. Then in December of 2007 my bank account was frozen. The lawyers hired by the debt collectors company froze my account by obtaining a judgement against me by sending a subpeona to an address in New York that I obviously don't live at anymore (there were 2 more recent addresses they could have used in New York, and 4 or 5 addresses in Florida they could have used).

I went in January of 2008 and got the judgement vacated (improper notice). . . but now I must reappear in court in a few weeks.

The original judgement was granted in late October of 2007 and I "think" it was filed in March of 2007. My question is, can I argue statute of limitations on this debt? My biggest concern is that if the original suit was filed was indeed filed in March of 2007, the 6 years didn't pass . . . however if it goes by when the judgement was granted then it did. Also, if I got the judgement vacated, does this now make the statue of limitations pass as it would have been filed in December 2007?

If the statute of limitations does not apply here, would it be best if I try and settle, even tho the case got vacated for improper notice? I don't want to go to court and argue Statutue of limitations if it does not apply, I would just try an settle. Any advice would be wonderful.

Thank you

I'm no expert at debt collection, but the statute should have tolled when you left NY anyway.


--- otherwise, they DID file timely (SOL is concerned with the filing date, not the Judgment date); only the service was at issue.

You may have made an appearance in the case by filing to set aside the default (depends on how you did it). If so, you should file an answer.

kd954 said:

can I argue statute of limitations on this debt?

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Of course you can. However, the minute you left the state of NY, the SOL 'clock' freezes and remains 'frozen' until you return to the state... and it 'thaws' and starts to run again.

would it be best if I try and settle, even tho the case got vacated for improper notice?

Click to expand...

Yep.

First off, Thank you guys for the replies . .

I had no idea that the SOL freezes and in that case I will try and settle I guess. Young dumb mistake, thought I dealt with most of these and honestly completely forgot about this one because my father was in charge of the computer but used my credit. Oh well, thats life I guess.

Thanks u guys once again for the advice.

New York 'Civil Practice Law':
§ 207. Defendant's absence from state or residence under false name.
If, when a cause of action accrues against a person, he is without the state, the time within which the action must be commenced shall be computed from the time he comes into or returns to the state. If, after a cause of action has accrued against a person, that person departs from the state and remains continuously absent therefrom for four months or more, or that person resides within the state under a false name which is unknown to the person entitled to commence the action, the time of his absence or residence within the state under such a false name is not a part of the time within which the action must be commenced.