Legal Question in Credit and Debt Law in New York

Statute of Limitations for money due...

I live in the State of New York. Back in 1999 I belonged to a gym � I had automatic billing to my credit card. In April 1999 I cancelled my membership and billing stopped. A few months later I received a letter from a collections agency saying I had an outstanding amount. I went to the gym and discussed with the person handling the account showing her that I had cancelled and the billing had stopped. She said fine and apologized and I went home. Yesterday, November 12, 2001 I get a call from a collection agency telling me an amount is going to go on my credit report. Well of course I have no paperwork left except for my credit card bills since I thought the matter was settled. Isn�t there a statute of limitations � can they come back over two years later saying I still owe them the money??? Can I take them to small claims court to have this removed from my credit report? Please help if you can or let me know who might be able to help.


Asked on 11/13/01, 3:20 pm

2 Answers from Attorneys

Kenneth J. Ashman Ashman Law Offices, LLC

Re: Statute of Limitations for money due...

Under the federal Fair Debt Collections Practices Act ("FDCPA"), you have the right to obtain verification of the debt, including a copy of any judgment issued against you. In order to exercise your rights in this regard, you must dispute the validity of the debt in writing and request its verification within 30 days after receipt of the collection letter. I suggest that any writing you send to the collection agency disputing the validity of the debt be sent via certified mail with return receipt requested.

Also, the collection letter should state exactly what I told you about above, i.e., it has to state that you have 30 days within which to dispute the validity of the debt in writing. If the collection letter does not contain this language, the collection agency is in violation of the statute. Further, collection agencies must be very careful in writing collection letters because the FDCPA is quite strict in ensuring that such letters comply with the law. If the collection letter is deficient, you would be entitled to receive $1000 in a successful lawsuit against the collection agency, and, if the problem exists in all of its standard form collection letters, you could represent a class of persons who received such deficient letters.

-- Kenneth J. Ashman; Ashman Law Offices, LLC; [email protected]

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Answered on 11/14/01, 11:25 am
Savyon Grant Law Office of Savy Grant

Re: Statute of Limitations for money due...

Sometimes bill collectors keep harassing individuals even after the matters are resolved. You can actually sue them for harassment. Do you know the name of the individual you spoke to at the gym?

You can call me for additional questions at 201-646-9600.

Savy Grant

Attorney at Law

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Answered on 11/13/01, 3:44 pm


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