Statute of Limitations - Tolling - New York State

[sandyclaus]

What is the name of your state (only U.S. law)? New York State

What actions will toll a statute of limitations to pursue a lawsuit for an unpaid credit card debt? Specifically, if the defendant left the country for an extended period of time (years) and returned to the US, would that toll the SOL? Or would the SOL remain at 6 years for that contract debt?

Thanks in advance.

 

[OHRoadwarrior]

I got it Sandy. He is in for a rude awakening. He picked the wrong state. Tolling does not start until he returns to NY state or never starts, if he does not return.
http://law.onecle.com/new-york/civil-practice-law-rules/CVP0207_207.html

 

[tranquility]

Even with the staute, debtcollector gave me a bunch of citations on the issue I just finished reading the other day. Suffice to say, civil procedure is hard. Other facts would be needed including if the putative defendant tried to avoid service or if he could have been served under long-arm statutes and the like. Even with that, it would take someone far smarter than I to give a clear answer as to if the defendant would be estopped from pleading the SOL.