Legal Question in Credit and Debt Law in New York

Re: Collection of debt 15 yrs old

WHile there are exceptions to the statute of limitations, they do not prevent an action from being commenced against you for the old debt, especially when you moved out of state. If you can prove you gave notice, you should be absolved from all liability. My guess is they will not sue, but then again, they CAN. YOu would have to go to court and interpose the defense of statute of limitations and prove you gave notice that you were leaving the state. A pain the the butt. If the matter could be settled, I would counsel you to do so, BUT ONLY if the deal was made in writing and checked by someone who knows the law. Many times they'll ask you to make a seemingly low payment and use that to resurrect the entire debt. My advise, send them a certified letter warning them that you are knowledgeable about the law, and that the FFDCPA (federal fair debt collection practices act) prevents them from bothering you once they get the letter...Keep a copy and send that out to whoever contacts you..get names and addresses and keep good records. I would think that you must not have owed much in the first place if 15 years of interest (legal interest in NY is 9% per year)only reaches $1000. DO NO ADMIT TO OWING ANYTHING! PAY NOTHING.. anything you do could re-start the statute of limitiations clock (which is 6 years)

Re: Collection of debt 15 yrs old

the debt is probably too old for you to have to pay. the statute of limitations probably ran out a long, long time ago. there are a few things that extend the time, including payment (did you make any payments since 1991?) or acknowlegement that you owe the money (ever talk to anyone at this gym's office since 1991?) you should probably consult an attorney to get a definite answer. Try Glen Chulsky, he seems good and does this kind of work.

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Re: Collection of debt 15 yrs old

I would just echo what the other attorneys said. Two other things. One, don't tell anyone you speak with from the CA that you even went to this gym. They could use that agaisnt you. Second, ask for proof of debt, i.e. prove that you even went to this gym, that you signed a contract, etc. Chances are, they can't do it.