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Home > Law > Other Law   »   statute of limitations

 
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Old Dec 28, 2007, 09:13 AM
LL4WHTEVER
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statute of limitations

can i be harassed for what they are saying is an outstanding verizon bill from 10 years ago. i know this is a statute of limitation in art 2 sect 213 of the ny civil pracetice law and rules but jsut wanted to make sure.

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Old Dec 28, 2007, 09:42 AM   #2  
DrJizzle
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well, first of all, no one can legally "harass" you. so the answer, whether the verizon bill was 10 years old or 10 days old, is no, they cannot harass you for you.

However, what i believe you are getting at here is that since the Statute of Limitations (SOL) for NY is only 6 years, can they still attempt to collect the debt after 10 years. The answer is yes, they can.

First, just to clarify, the SOL clock starts at the Date of Last Activity, which would either be the day you last made a payment or the date you last charged to the account.

The SOL only pertains to lawsuits. Basically, they cannot "take" anything from you to satisfy this bill but they can continue to ask you forever. And, from personal experience, Verizon isn't very forgiving for not paying their bill.

The easiest thing you can do right now is to send them a "Cease & Desist" order. That means that they can no longer contact you regarding that bill unless it is to inform you that they intend to sue you. However, since it is past the SOL, they will likely not take the chance of suing you.

Also keep in mind that they can still attempt to sue you. they can file for a judgment and take you to court. If you do not show up, the judge "could" still grant them the judgment, in which case you would be liable for the debt again.

The expired SOL would be your argument in court to beat the judgment... its not just a freebie. Know what I mean??

Hope that helps!

Comments on this post
mr.yet agrees: RIght on track, excellent advise
bhelp agrees: This is true because this happened to me unfortunately I didn't know my right at that time
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Old Jan 1, 2008, 04:21 PM   #3  
Lawline
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Being Harassed and being sued are two different things all together. There are fair debt collection practices in New York that protect individuals from collectors that cross the line. As far as being sued there is a six year statute of limitations in New York in regard to contract actions such as what you are dealing with. If you are sued by Verizon their suit would be subject to dismissal by reason of the expiration of the statute of limitations. I hope this was helpful.
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