What is the statute of limitations in a collection defense law case?
The statute of limitations in a collection defense law case in New York is three years from the date that the alleged debt was due. This means that the creditor has three years to file a lawsuit against the debtor for non-payment of the debt. The time limit begins when the debt was due and, in some cases, when the last payment was made. In its most basic form, the statute of limitations is a law that sets a period of time after which an unpaid debt cannot be collected. It is important to note that the three-year limit applies to certain types of debt only. These include credit card debt, loans, medical bills, contractual obligations, and certain other types of debt. If the debt is secured, such as a mortgage or home loan, the statute of limitations does not apply. In these cases, creditors have a longer period of time to collect the debt. If you are facing a debt collection claim in New York, it’s important to check the statute of limitations to ensure that the creditor’s claim is still valid. If the debt was incurred more than three years ago, it is likely that the creditor is prohibited from filing a lawsuit against you. In these cases, it’s best to consult with a qualified attorney to learn more about your rights and potential defenses.
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