Statute of Limitations on Debt in New York

Are you being hounded or harassed by debt collectors for an old debt you thought was written off years ago? If you answered yes, then it is likely that you are being contacted by a “scavenger debt collector.” These are companies that purchase older, mostly uncollectible debts for a small fraction of its value. These type of debt collectors are widely known to use unethical and illegal methods to collect time-barred debt.

You do not have to pay a debt that is considered too old by your state. This is what is called the statute of limitations on debt. It is a statute in a common law legal system that sets forth the maximum period of time, after the debtor becomes deliquent on the debt, that law suits based on those events may be begun.

There are four different kinds of agreements to which the statute of limitations can apply to:

  1. Oral Contract – This is kind of like a “handshake agreement.” An individual agrees to pay money loaned to them by someone, but there is no written contract. This type of agreement is legal, although it is the toughest to prove in court.
  2. Written Contract – An individual agrees to pay the loan under the terms in a written document, which is signed by both that person and their debtor.
  3. Promissory Note – This is like a written contract, but a big difference is that the scheduled payments and interest on the loan is described in the promissory note. An example of this is a mortgage.
  4. Open-ended Account – This is an account that has a varying, revolving balance. An example of this is a credit card.

Particularly, in the state of New York, the statute of limitations on all four of these agreements is 6 years. If a debt collector calls you about an old debt, do not immediately admit that you owe the debt and do not agree to make any payments. You can just tell them that the statute of limitations has run on this debt and do not contact you again. Do not agree to send any money to them, because if you do so, the statute of limitations might restart which gives them the legal right to sue you and seek a wage garnishment.

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