I am currently being sued for a debt collection lawsuit by a third party in New York. They sued me during the two year mark yet, it has been over two years since they started the case (four years).
Can I state the statute of limitations has passed although the case has not been discontinued?
Best Answer
D
Deja Bryant
said
about 1 month ago
In New York, the statute of limitations for a debt collection lawsuit is six years from the date of default. However, the statute of limitations can be "tolled" or paused if certain events occur, such as the defendant leaving the state or filing for bankruptcy.
If the case was filed within the statute of limitations period, but it has been ongoing for more than six years, it is possible that the statute of limitations may still be a defense if there was no tolling event. However, it's important to note that the court will typically only dismiss a case on statute of limitations grounds if that defense is raised in a timely manner. If you don't assert the defense of statute of limitations in a responsive pleading, you may lose the opportunity to do so later.
It is recommended that you speak with an attorney in New York who is familiar with debt collection lawsuits and the statute of limitations in your specific situation to better understand your options and defenses.
1 Comment
Deja Bryant
said
about 1 month ago
Answer
In New York, the statute of limitations for a debt collection lawsuit is six years from the date of default. However, the statute of limitations can be "tolled" or paused if certain events occur, such as the defendant leaving the state or filing for bankruptcy.
If the case was filed within the statute of limitations period, but it has been ongoing for more than six years, it is possible that the statute of limitations may still be a defense if there was no tolling event. However, it's important to note that the court will typically only dismiss a case on statute of limitations grounds if that defense is raised in a timely manner. If you don't assert the defense of statute of limitations in a responsive pleading, you may lose the opportunity to do so later.
It is recommended that you speak with an attorney in New York who is familiar with debt collection lawsuits and the statute of limitations in your specific situation to better understand your options and defenses.
Carlos.t.aponte
I am currently being sued for a debt collection lawsuit by a third party in New York. They sued me during the two year mark yet, it has been over two years since they started the case (four years).
Can I state the statute of limitations has passed although the case has not been discontinued?
In New York, the statute of limitations for a debt collection lawsuit is six years from the date of default. However, the statute of limitations can be "tolled" or paused if certain events occur, such as the defendant leaving the state or filing for bankruptcy.
If the case was filed within the statute of limitations period, but it has been ongoing for more than six years, it is possible that the statute of limitations may still be a defense if there was no tolling event. However, it's important to note that the court will typically only dismiss a case on statute of limitations grounds if that defense is raised in a timely manner. If you don't assert the defense of statute of limitations in a responsive pleading, you may lose the opportunity to do so later.
It is recommended that you speak with an attorney in New York who is familiar with debt collection lawsuits and the statute of limitations in your specific situation to better understand your options and defenses.
Deja Bryant
In New York, the statute of limitations for a debt collection lawsuit is six years from the date of default. However, the statute of limitations can be "tolled" or paused if certain events occur, such as the defendant leaving the state or filing for bankruptcy.
If the case was filed within the statute of limitations period, but it has been ongoing for more than six years, it is possible that the statute of limitations may still be a defense if there was no tolling event. However, it's important to note that the court will typically only dismiss a case on statute of limitations grounds if that defense is raised in a timely manner. If you don't assert the defense of statute of limitations in a responsive pleading, you may lose the opportunity to do so later.
It is recommended that you speak with an attorney in New York who is familiar with debt collection lawsuits and the statute of limitations in your specific situation to better understand your options and defenses.
-
What is the deadline to respond in UT?
-
What if the credit bureau adds an extra $1 on the debt?
-
Can a debt collector still garnish my wages when I file for bankruptcy?
-
How do I get rid of a 6-year-old apartment debt?
-
When does a debt collection lawsuit go to trial in CA?
-
Can u request for arbitration after u filed an answer?
-
What if I owe the debt I'm being sued for?
-
I lost my debt collection lawsuit, now what?
-
Is illinois a common law state?
-
What if you don't have a income and you're sued for debt?
See all 327 topics