Legal Question in Credit and Debt Law in New York
statute of limitations on debt
I have read that a creditor may still sue you to collect a charged off debt after your state's statute of limitations has run out but that doing so violates the Fair Debt Collection Practices Act.
I understand that to prevent the creditor from winning a judgment against you, you'll need to show up in court and point out that the statute of limitations has expired.
If my failure to appear in court resulted in a default judgment in favor of the creditor or collection agency, is the expiration of the statute of limitations now a plausible premise for an order to show cause or motion to reopen in order to petition the court to vacate the judgment or is it too late?
2 Answers from Attorneys
Re: statute of limitations on debt
Yes it is. It would give you a meritorious defense, however, you would also need a justifiable excuse for the default. i.e. you were never served with the papers or wrong address. We are very experienced in handling these types of cases, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.
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Re: statute of limitations on debt
To open a default judgment you need to proove two things. One is a reasonable excuse why you did not answer the summons and complaint that was served on you and the second is a meritorious defense. The case should be open within a year of the default.
The failure to comence an action within the statute of limitations (ie 6 years for contract) is a good defense to this action.
But you must establish a reason why you did not answer? Did they serve you at the correct address etc.
if you need any further legal assistance, please feel free to contact me.
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