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Statue of limitations on debt -- I was notified on 9 Feb 2013

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  • Statue of limitations on debt -- I was notified on 9 Feb 2013

    In 2010 I had a credit card w a debt of 2500.00 that CC company closed. My last payment was Feb 8, 2010 and last charge was a month or more before that. They sold the debt on 10/2011 to a collection agency. I received 1 request in 2011 for payment. Then on Feb 9, 2013 I was served w a summons to court to collect the debt. It was filled on 4 Feb 2013 and the court date is for March 2013. I know that the statue of limitations for my state is 3 years, which happened to be 8 Feb 2013. So since I was notified on 9 Feb 2013 with there intent to collect debt in court, my 3 year date for statue of limitations was on 8 Feb 2013, so is time based on the date I was served with the notice? the date they filed in court? or date I am to appear in court? Thank you for your help.

  • #2
    re: Statue of limitations on debt -- I was notified on 9 Feb 2013

    It is based on the date filed. Sorry you don't get to rip them off.
    Due to a recent promotion, I should now be referred to as Major Obvious.

    I would not be trying to provide information and knowledge if I did not sympathize.

    Some days it is just not worth chewing through the restraints to face life.

    Comment


    • #3
      re: Statue of limitations on debt -- I was notified on 9 Feb 2013

      Thanks for the reply. Not trying to rip them off , I had a stroke 2009, am now disabled and can't work I'd rather be healthy and have paid the debt then be in the condition I am in now.

      Comment


      • #4
        re: Statue of limitations on debt -- I was notified on 9 Feb 2013

        Originally posted by Katarina View Post
        Thanks for the reply. Not trying to rip them off , I had a stroke 2009, am now disabled and can't work I'd rather be healthy and have paid the debt then be in the condition I am in now.
        I am severely disabled in several ways. I manage to pay my debts and have a perfect credit rating. I'm sure over the years you have wasted money you could have paid your debt with, unless you are saying you have lived in a homeless shelter all that time.
        Due to a recent promotion, I should now be referred to as Major Obvious.

        I would not be trying to provide information and knowledge if I did not sympathize.

        Some days it is just not worth chewing through the restraints to face life.

        Comment


        • #5
          Re: Statue of limitations on debt -- I was notified on 9 Feb 2013

          Seriously, there is no need to be so rude

          Comment


          • #6
            Re: Statue of limitations on debt -- I was notified on 9 Feb 2013

            Originally posted by Upset inNY
            Seriously, there is no need to be so rude
            There is no need to come here attempting to defraud paying a debt you owe and lying about your means to pay it. I was not rude, I was factual.
            Due to a recent promotion, I should now be referred to as Major Obvious.

            I would not be trying to provide information and knowledge if I did not sympathize.

            Some days it is just not worth chewing through the restraints to face life.

            Comment


            • #7
              Re: Statue of limitations on debt -- I was notified on 9 Feb 2013

              Laws of New York (live link)

              Katarina, here is NY's computation of time statute, I am assuming you live in NY from post 5;

              This is probably applicable:

              (c) Claim in complaint where action commenced by filing. In an action
              which is commenced by filing, a claim asserted in the complaint is
              interposed against the defendant or a co-defendant united in interest
              with such defendant when the action is commenced.


              In this respect, it appears the time expires when the complaint is time stamped.


              This part is what would take some research;


              (b) Claim in complaint where action commenced by service. In an action
              which is commenced by service, a claim asserted in the complaint is
              interposed against the defendant or a co-defendant united in interest
              with such defendant when:
              1. the summons is served upon the defendant; or

              This seems to mean you were served, but no complaint was filed? Confusing? Maybe just a "notice of contemplation of suit". If this were applicable, they would be a day late.

              A NY lawyer would have to review, but based on my opinion, and I am not a lawyer, the 1st applies to you, so the complaint is filed timely, however, IF you file your Response or Answer as required by law, you can assert any defense you wish. If you simply do not answer, not a good idea, you default and basically admit liability.

              Comment


              • #8
                Re: Statue of limitations on debt -- I was notified on 9 Feb 2013

                Originally posted by Katarina View Post
                In 2010 I had a credit card w a debt of 2500.00 that CC company closed. My last payment was Feb 8, 2010 and last charge was a month or more before that. They sold the debt on 10/2011 to a collection agency. I received 1 request in 2011 for payment. Then on Feb 9, 2013 I was served w a summons to court to collect the debt. It was filled on 4 Feb 2013 and the court date is for March 2013. I know that the statue of limitations for my state is 3 years, which happened to be 8 Feb 2013. So since I was notified on 9 Feb 2013 with there intent to collect debt in court, my 3 year date for statue of limitations was on 8 Feb 2013, so is time based on the date I was served with the notice? the date they filed in court? or date I am to appear in court? Thank you for your help.
                In what state do you reside?

                Comment

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