Legal Question in Civil Litigation in New York

statue of limitations for collections

A local business is trying to collect money for goods they claim I purcahsed in 1992. The first collection notice I received was July 1997. I requested copies of original invoices, statement, etc. since I never received any in 92, 93, 94, 95, 96, etc. When I received (finally) copies of invoices, one was in error and I explained this in writing, to the collection attorney. I was being billed in error for something I never purchased. I recently went to a town justice court for a hearing and told the judge I was billed in error. A no-jury trial has been set for March 1988. Meanwhile, I was wondering about the Statue of Limitations, thinking that it is too late for a business to collect money supposedly due from January 1992 in 1997! I have asked this question reply was that the Statue is FOUR years so this was be a complete defense for the action commenced against me. Another reply was that the statue is SIX years so I am out of luck. I am hoping the first answer was correct. Please advise me. Thank you very much for your time and help!

Asked on 12/30/97, 9:49 am

2 Answers from Attorneys

Bunji Fromartz Fromartz Law Offices

statue of limitations for collections

Sorry, it is six years as it is based upon contract. Make sure you get them to prove their case and show you ordered and received the claimed goods.

This transmission is not legal advice, nor does it imply an attorney client relationship. It is always my opinion that consultation with an attorney after setting out all the facts is the only proper way to receive legal advice.

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Answered on 1/02/98, 3:22 pm
richard laudor roemer & assocs

statute of limitations

Uniform Commercial Code statute for sale of goods is 4 yrs but general breach of contract is six. You did not say when you received invoices, only collection notices. If you received goods for which you did not pay, and don't have some other defense, you can't count on the statute of limitations. If you were never billed try laches defense. But if you were billed with goods and never responded to object, account stated theory starts the statute of limitations again whenever the bills go out.

If you never got these goods you can't be liable so far as I can see, but no advice on this service can be taken to be legal advice in any formal sense. Feel free to call.

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Answered on 1/02/98, 3:24 pm

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