NY Statute of limitations on debt judgement

Discussion in 'Other Debt, Collection, Garnishment' started by phull67, Mar 30, 2011.

Thread Status:
Not open for further replies.
  1. phull67

    phull67 Law Topic Starter New Member

    Messages:
    18
    Likes Received:
    0
    Trophy Points:
    0
    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?
     
  2. army judge

    army judge Super Moderator

    Messages:
    17,968
    Likes Received:
    1,763
    Trophy Points:
    113

    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.
     
    phull67 likes this.
  3. mightymoose

    mightymoose Well-Known Member

    Messages:
    6,778
    Likes Received:
    654
    Trophy Points:
    113
    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.
     
  4. phull67

    phull67 Law Topic Starter New Member

    Messages:
    18
    Likes Received:
    0
    Trophy Points:
    0
    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.
     
  5. phull67

    phull67 Law Topic Starter New Member

    Messages:
    18
    Likes Received:
    0
    Trophy Points:
    0
    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?
     
  6. phull67

    phull67 Law Topic Starter New Member

    Messages:
    18
    Likes Received:
    0
    Trophy Points:
    0
    That was supposed to read CPLR.....brain fart
     
  7. army judge

    army judge Super Moderator

    Messages:
    17,968
    Likes Received:
    1,763
    Trophy Points:
    113

    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.
     
    Last edited: Mar 31, 2011
  8. mightymoose

    mightymoose Well-Known Member

    Messages:
    6,778
    Likes Received:
    654
    Trophy Points:
    113
    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.
     
  9. phull67

    phull67 Law Topic Starter New Member

    Messages:
    18
    Likes Received:
    0
    Trophy Points:
    0
    Thanks again!!

    All good advice
     
  10. phull67

    phull67 Law Topic Starter New Member

    Messages:
    18
    Likes Received:
    0
    Trophy Points:
    0
    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!!
     
  11. army judge

    army judge Super Moderator

    Messages:
    17,968
    Likes Received:
    1,763
    Trophy Points:
    113

    Now you're using your noggin.
    You're welcome.




     
  12. phull67

    phull67 Law Topic Starter New Member

    Messages:
    18
    Likes Received:
    0
    Trophy Points:
    0
    New York State CPLR 211 - A money judgment is subject to collection for 20 years

    Not looking good for me...
     
  13. army judge

    army judge Super Moderator

    Messages:
    17,968
    Likes Received:
    1,763
    Trophy Points:
    113


    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.
     
    Last edited: Mar 31, 2011
  14. phull67

    phull67 Law Topic Starter New Member

    Messages:
    18
    Likes Received:
    0
    Trophy Points:
    0
  15. phull67

    phull67 Law Topic Starter New Member

    Messages:
    18
    Likes Received:
    0
    Trophy Points:
    0
    SOL on a judgment in New York State is 10 years, then they have one year from the date of expiration to renew. FYI
     
  16. mightymoose

    mightymoose Well-Known Member

    Messages:
    6,778
    Likes Received:
    654
    Trophy Points:
    113
    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.
     
    phull67 likes this.
  17. phull67

    phull67 Law Topic Starter New Member

    Messages:
    18
    Likes Received:
    0
    Trophy Points:
    0
    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!!
     
  18. army judge

    army judge Super Moderator

    Messages:
    17,968
    Likes Received:
    1,763
    Trophy Points:
    113

    Smart, very smart.

    But, follow up with your lawyer.

    You can't be too careful.

     
    phull67 likes this.
  19. phull67

    phull67 Law Topic Starter New Member

    Messages:
    18
    Likes Received:
    0
    Trophy Points:
    0
    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.
     
  20. army judge

    army judge Super Moderator

    Messages:
    17,968
    Likes Received:
    1,763
    Trophy Points:
    113

    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!!!!
     
    Last edited: Apr 2, 2011
Thread Status:
Not open for further replies.

Share This Page