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NY Statute of limitations on debt judgement

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

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  1. mightymoose

    mightymoose Moderator

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    Yes- don't send them a dime until you have any agreements in writing. That agreement should include a statement that the $1000 is to settle the debt in full and that there will be no further collection effort. The attorney you spoke with can help you with obtaining such a statement. If they won't give it, don't pay them.
    Also, the more you talk with them the more they will keep contacting you. If this doesn't get worked out promptly, you need to cut off communication with them. You are one of many, and if you are in communication with them then you are very large on their radar. If you disappear they will focus on others. They hope to work these accounts with minimal expense to them- and the minimal expense is making phone calls. If you make it harder than that then you increase the odds that they will find others to focus on.
     
  2. phull67

    phull67 Law Topic Starter New Member

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    I sent an email yesterday requesting the agreement in writing including the statement moose suggested.....we'll see what they say.
     
  3. phull67

    phull67 Law Topic Starter New Member

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    I talked with the clerk's office again this morning. The judgment has never been renewed since 1999. The girl on the phone assured me that they can still come after me for wages, bank accounts and personal property for twenty years. The only thing the 10 year SOL protects is my credit report.
     
  4. army judge

    army judge Super Moderator

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    You have just discovered why we warned you about paying them anything.

    One of two things will occur.

    If you pay, it starts the SOL, again.

    Or, read on!!!!

    What you believe to be a settlement they will classify a payment.

    As I said, if they possess a judgment for $10,000 and you allow them to extort a $1,000 from you, they will be back for the remaining $9,000.

    By the way, a judgment remains on one's credit report for seven years.

    I'm not sure about the 20 years, however.

    I believe it is a total of 20 years, and must be renewed within one year of expiration.
    It can be 20 years, but in 10 year increments.

    http://www.bcsalliance.com/y_debt_sol_judgments.html
     
  5. phull67

    phull67 Law Topic Starter New Member

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    Well the last communication I had with them was requesting the agreement in writing with a statement releasing me of all debt now and in the future. No reply yet today.....we shall see.

    I really don't have a problem paying what I owe.....but they're asking for about seven times the original amount. If I'm not legally obligated to pay, I'm not going to.
     
  6. phull67

    phull67 Law Topic Starter New Member

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    Five days, still no reply and no agreement in the mail.

    Still waiting...
     
  7. army judge

    army judge Super Moderator

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    You'll be waiting after 10 days!

    Why?

    You called the bluff and bluster of this scammer.

    You fought back.

    Good for you!!!!
     
  8. phull67

    phull67 Law Topic Starter New Member

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    No, I spoke too soon. The agreement came in the mail this morning, everything seems to be in order. Heading to the bank Monday morning....just glad to get this behind me at this point.
     
  9. mightymoose

    mightymoose Moderator

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    Before you pay them you should make sure that they will change the status of the account in your credit report to "paid as agreed" or "paid in full".... you don't want them to leave it as delinquent.
     
  10. phull67

    phull67 Law Topic Starter New Member

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    Neither the account nor the judgment show up on my credit report. In fact there isn't a stitch of bad anything on my credit report.
     
  11. mightymoose

    mightymoose Moderator

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    Making a payment on the account might cause it to reappear on your report since the status will change.

    Personally, I would not pay them a dime until I was sure they were committed to enforcement beyond phone calls.
    If you want it to go away then pay them off as agreed- just make sure you cover all the bases so they don't try and screw you over. You don't want them to keep after you for the remainder of the balance, and you don't want negative things to pop up on your credit report.
     
  12. phull67

    phull67 Law Topic Starter New Member

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    Thanks moose!!

    At this point, I DO just want it to go away. I rather enjoy the freedom of being able to keep my money in the bank rather than a pile under my bed. And waiting around to see if they're going to garnish my wages doesn't seem like a viable option.

    The fact of the matter is I owed the debt, no matter how old it was. I made a rather good deal with them for a lump sum payment. And I have the agreement in writing stating that payment of this amount will satisfy all debts with this company. And that upon receipt of said payment they will issue a satisfaction of judgment.

    I feel comfortable with the situation and I feel I did my best to research my options before mailing a check. Sure, I could have probably not paid them and they may have jammed up an empty bank account for a little while and then eventually gone away....but at the end of the day, it's a small relief to not have this hanging over my head for another seven years.
     
  13. jykejejes

    jykejejes New Member

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    I live in New York State and I received a judgment against myself in 1986 while I was fighting a major illness. Ford Motor Credit came after me for a car loan. Solomon and Solomon chased me and actually took $4000 from my checking account and now they just called me again even though it is 15 years later. I received an automated call from PRIVATE caller and they asked for me and when I identified myself they identified themselves and said to stay on the line if I wanted to take advantage of a special offer to settle. I hung up.

    I understand that they have passed the sol, am I correct?
     

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