NY Statute of limitations on debt judgement

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phull67

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I was recently informed that I had a judgment placed on me back in 1999 regarding an unpaid department store charge account from the early 90's. I was sent a letter from an attorney's office stating that they were now handling the collections for this judgment and I should contact them to arrange payment. Which I did and they've agreed to settle for a much smaller amount than stated in the judgment.

In New York State the statue of limitations for a judgment is 10 years. It's been 13 years, am I legally obligated to pay them anything?
 
Of course, not.

Read your own post.

This is one of a dozen "sweet" scams to easily, quickly, and slickly relieve you of your money.

I wouldn't give these crooks the time of day.
 
Not only should you not pay them, you should stop communicating with them.

Get a copy of your own credit report and see if a judgment shows on there. It likely doesn't.

Unless you like giving away your money, ignore these demands and stop negotiating with them.
 
Thanks guys!!

The judgment definitely does NOT show up on my credit report, I've reviewed it 3 times in the past 2 years. And I will end all communications immediately.

I'm so glad I thought to look up the statute of limitations on this today....I was literally a few hours from sending a bank check for $1200.
 
I emailed the office yesterday afternoon making them aware that I would not be paying and ending all future communications. They replied this morning telling me that judgments are enforceable in NYS for a period of twenty years according to CLSR.

Anyone know I this is true? And if so does it mean I have to pay up or just that they can keep harassing me?
 
We advised you to cease all communications with these crooks. Why would you pull the tiger's tail?

Can you find any evidence of a judgment? These crooks are lying. I wish you well.
 
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If they have a judgment, yes, it can be enforced. It is unlikely they have one though. If they did they would be conducting themselves a bit differently and you would likely have known about it years ago. it sounds like they are using scare tactics to try and get you to give them all your hard earned money.
 
There definitely was a judgment, it dates back to 1999. They froze one of my bank accounts about 8 years ago for almost a year and then again about 6 years ago. I haven't heard anything since.

But there is no judgment showing up on my credit report and given the fact that the statute of limitations was up almost 3 years ago....if the judgment hasn't been renewed, can they still enforce it?

I've got a meeting with my attorney tomorrow, hopefully he can help.

Thanks again guys!!
 
Now you're using your noggin.
You're welcome.




There definitely was a judgment, it dates back to 1999. They froze one of my bank accounts about 8 years ago for almost a year and then again about 6 years ago. I haven't heard anything since.

But there is no judgment showing up on my credit report and given the fact that the statute of limitations was up almost 3 years ago....if the judgment hasn't been renewed, can they still enforce it?

I've got a meeting with my attorney tomorrow, hopefully he can help.

Thanks again guys!!
 
New York State CPLR 211 - A money judgment is subject to collection for 20 years

Not looking good for me...
 
New York State CPLR 211 - A money judgment is subject to collection for 20 years

Not looking good for me...


Yes, but judgments must be renewed periodically. I don't know what that is in NY. Your mouthpiece will tell you on the morrow.


Judgments that aren't renewed are useless.

Until you know more, convert 95% of your bank accounts to cash.
 
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SOL on a judgment in New York State is 10 years, then they have one year from the date of expiration to renew. FYI
 
A judgment does not always show up on a credit report- it is just one place to check.
It seems there likely was a legitimate judgment made years ago. You can either choose to settle it or you can still hold out and hope that it will expire. Consult with your attorney to determine if it is still valid then decide your best course of action from there.
 
Meeting with the attorney go postponed so I took it upon myself to go down to the county courthouse and see if there is judgment on file with them. Turns out there are no judgments in my name currently on file in the county I've lived in my entire life.

So I'm gonna go ahead and ignore all future communications from these bottom feeders until I see something from the courts.

Thanks again guys!!
 
Smart, very smart.

But, follow up with your lawyer.

You can't be too careful.

Meeting with the attorney go postponed so I took it upon myself to go down to the county courthouse and see if there is judgment on file with them. Turns out there are no judgments in my name currently on file in the county I've lived in my entire life.

So I'm gonna go ahead and ignore all future communications from these bottom feeders until I see something from the courts.

Thanks again guys!!
 
WOW!
So after I went to the courthouse I received a call from the lawyer and we were able to discuss this matter over the phone. He advised that even though I couldn't find a current judgment on file that they must have had one at one time due to the fact that they froze my accounts...... We knew this..... And given the fact I had already started dealing with them and I agreed that I owed this debt, no matter how old it was, that I should still pay them something because chances are now they would come even harder for it. He advised that I tell them I was speaking to a bankruptcy attorney and offer them a super low number. Which I did....and that's when they replied with the index number of the judgment. When I called the courthouse back and asked them to search using the index number they did find a judgment under my abbreviated name rather than my full name, which is why we couldn't find it earlier in the day. And they also informed me that personal property judgments are enforceable in NYS for a period of twenty years.

So I'm right back where I started....sending a certified check for the agreed upon amount.

Oh well....I'm still glad I looked into it. If I had just mailed the check and thought about all of this after it was too late to do anything about it I would have been pulling my hair out....and there's not much of it left.
 
You may have agreed to send them $1,000. So you send it. They still hold a judgment for $10,000. They won't do as you think they agreed to do. Those crooks will come after you for the remaining $9,000.

You'd better keep three eyes on your assets!!!!
 
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