debt collection statute limitation?

[dotcom]

I have looked all over the state laws and cannot find what I am looking for, it is a lot of information.

Can someone tell me what the statute of limitations is in NYS for the collection of a debt?

 

[I AM ALWAYS LIABLE]

I have looked all over the state laws and cannot find what I am looking for, it is a lot of information.

Can someone tell me what the statute of limitations is in NYS for the collection of a debt?

My response:

That's why you're supposed to come here first. FreeAdvice.Com is YOUR clearinghouse for all things legal. Let us help you.

Along those lines, New York's Statute of Limitations on both Written and Oral contracts is 6 years. That means, 6 years from the date of the inception of the contract, or 6 years from the date of your LAST payment, whichever is later.

If a creditor or collection agency fails to file a lawsuit against you within that time frame, it's all over for them - - forever. They can kick, scream, yell, and pace up and down your hallway from now until Doomsday. It won't help them.

IAAL

 

[dotcom]

old debt collection

NY State. As per my previous post, thank you for the information. You said:"if a creditor or collection agency fails to file a lawsuit...within that time..."
Recently my roommate had a hold put on our joint account for an 11 year old debt. The person at the lawfirm stated there had been a judgement (it is unclear whether that judgement was 11 years ago or recently), and that my roommate was served. My roommate did not live at the adress 11 years ago where presumably he was served and has not been served at our present address and so I presume he was not legally served. What constitutes serving and does this "judgement" constitute the lawsuit you mentioned? If so, then can this collection still legally be pursued?

 

[I AM ALWAYS LIABLE]

Re: old debt collection

NY State. As per my previous post, thank you for the information. You said:"if a creditor or collection agency fails to file a lawsuit...within that time..."
Recently my roommate had a hold put on our joint account for an 11 year old debt. The person at the lawfirm stated there had been a judgement (it is unclear whether that judgement was 11 years ago or recently), and that my roommate was served. My roommate did not live at the adress 11 years ago where presumably he was served and has not been served at our present address and so I presume he was not legally served. What constitutes serving and does this "judgement" constitute the lawsuit you mentioned? If so, then can this collection still legally be pursued?

My response:

In most every State in the Union, a judgment is good for up to 20 years. A judgment is the decision by the court (judge) AFTER the lawsuit has been filed. It is not the lawsuit itself - - it's the end result.

If your boyfriend could not be found by the plaintiff creditor, the attorney for the creditor undoubtedly had the Summons published in a newspaper in the town where you boyfriend was last known to have lived. When your boyfriend failed to see the publication in the newspaper (and who really looks at the legal columns?), the plaintiff creditor asked the court to enter your boyfriend's "default" (automatic loss in court), and had judgment entered for the principle amount, attorney's fees, interest, and costs. Until paid in full, any balance on that judgment is still racking up interest at the rate of 10% per year.

They will, in the background, and unknowingly by him, follow your boyfriend around until the expiration of those 20 years, and "dog" him until the amount is paid in full. He'll notice wages being garnished, money missing from bank accounts, and property being towed away.

There's nothing that can be done about this, by your boyfriend, after so many years. There was a time he could have fought it - - but that ended over 10 years ago.

If he gets a copy of his credit report, he'll see in black and white all the damage that has been done.

IAAL

 

[dotcom]

negotiation with creditor?

NYS Thank you again.
As per my previous posts:
The lawfirm already asked for my roommates job so they could garnish, which he did not give them. Since I am disabled and receiving SSI (we have joint account) I cant get to my money to pay my bills. Is there any way to negotiate with this firm for repayment and get the hold off our account? And would it do any good to ask for an itemization of the amount they want to collect?

[Edited by dotcom on 11-26-2000 at 10:22 PM]