Legal Question in Business Law in New York

collections

What is the statute of limitations for starting a collection action? An electrical company who performed work under a sub contractor agreement back in 1999 is trying to collect in a commercial small claims court. the date of the hearing is set for April 5, 2005

The company that this contractor did the for has not been in business since March of 2000.


Asked on 11/01/04, 12:31 pm

3 Answers from Attorneys

Scott Ziegler Ziegler, Ziegler & Associates LLP

Re: collections

The general s of L for contracts in NY is 6 years.

Read more
Answered on 11/01/04, 12:45 pm
Stephen Loeb Law Office of Stephen R. Loeb

Re: collections

Generally speaking the statute of limitations in contract disputes is 6 years from the date of breech however the S of L only applies to the filing of a complaint in a court of competent jurisdiction not a time limit on a resolution of the case, or even of it coming up for a hearing.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

Read more
Answered on 11/01/04, 12:48 pm
Walter LeVine Walter D. LeVine, Esq.

Re: collections

The issue you raise goes beyond just the statute of limitations issue. What was your affiliation with the disbanded business? If so, did you personally guaranty payments? Did you receive funding from the customer? If the prime contractor went out of business, did it follow all of the legal requirements, including notices to creditors? If you were affiliated with the prime contractor, did you receive any assets when it went out ofbusiness? Is the suit against just the business or you also? If the company went out of business and you have no possible personal liability, a judgment may be meaningless, as there is no one to collect against. Much more information is needed to provide a full answer.

Read more
Answered on 11/01/04, 3:26 pm


Related Questions & Answers

More Business Law questions and answers in New York