I need to know statue of limitation for collection that started in the state of NY and i am now in FL. A credit card in my name was taken to its limit and the person doing so at the time agreed to pay, this has since been 17yrs. plus with nothing being paid. I have since been to court, pretrial conference/mediation in 2007. well no mediation took place they just asked me for the total of the charges or else and noted that it is in my name and thats all they cared about. i have since tried making arrangements with this LVNV Funding group who refused all payment options i offered. Now 2013 they are calling my current place of employment with threats on a daily basis. Your advise would be greatly appreciated
3 Answers from Attorneys
The original card member agreement would have specified which state's laws apply. The statute of limitations varies from state to state. If no payments have been made on this debt in 17 years, then almost assuredly, the statute of limitations has expired and no one can file a lawsuit against you to collect this debt. However, if someone sued you a while ago and obtained a court ordered judgment against you, then the judgment is still valid (probably for 20 years) and they can try to collect on it. So, the important distinction is, if they never obtained a judgment against you, it's too late, but if they did obtain a judgment against you then they can collect on it.
You need to contact a consumer lawyer. You can win your case and it all probabilty get damages from LVNV. It is a bottom feeder and I deal with them all the time.
If an action was started, what happened to it? Was a judgment entered against you? Was the case dismissed?