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View Full Version : What exactly is the statute of limitations on credit card debt in NY?


pbennett
Mar 1, 2007, 04:22 PM
I need to find credible internet citations. Preferably ones whose content is written by law professionals in lay terms.
Thank you.

mr.yet
Mar 1, 2007, 06:25 PM
New York Statutes of Limitation

N. Y. Civil Practice Law and Rules: Chapter Eight of the Consolidated Laws, Article 2 - Limitations of Time:

211. Actions to be commenced within twenty years. (a) On a bond. (b) On a money judgment. (c) By state for real property. (d) By grantee of state for real property. (e) For support, alimony or maintenance.

212. Actions to be commenced within ten years. (a) Possession necessary to recover real property. (b) Annulment of letters patent. (c) To redeem from a mortgage.

213. Actions to be commenced within six years: where not otherwise provided for; on contract; on sealed instrument; on bond or note, and mortgage upon real property; by state based on misappropriation of public property; based on mistake; by corporation against director, officer or stockholder; based on fraud.

213-a. Actions to be commenced within four years; residential rent overcharge.

213-b. Action by a victim of a criminal offense.

214. Actions to be commenced within three years: for non- payment of money collected on execution; for penalty created by statute; to recover chattel; for injury to property; for personal injury; for malpractice other than medical or dental malpractice; to annul a marriage on the ground of fraud.

UCC, Section 2--725. Statute of Limitations in Contracts for Sale. (1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it. (2) A cause of action accrues when the breach occurs, regardless of the aggrieved party`s lack of knowledge of the breach. Contract for lease of goods: 4 years (N. Y. U.C.C. 2-A-506(1).

S 203. Method of computing periods of limitation generally. (a) Accrual of cause of action and interposition of claim. The time within which an action must be commenced, except as otherwise expressly prescribed, shall be computed from the time the cause of action accrued to the time the claim is interposed.

Uniform Commercial Code - Index

New York State Consolidated Laws

sassafrass
Mar 8, 2007, 06:19 PM
What is the statute of limitation on credit card debt in New York

ScottGem
Mar 8, 2007, 06:59 PM
What is the statute of limitation on credit card debt in New York

Did you bother to read Mr Yet's answer?

sassafrass
Mar 8, 2007, 08:28 PM
Which one does credit cards fall under it's not very clear

ScottGem
Mar 9, 2007, 06:26 AM
This may help more:

Credit card debt statute of limitation, credit card debt statute of limitations, credit card debt collection statute of limitation, credit card statute of limitations by state (http://www.poorcreditgenie.com/crstatutelim.html)

robbieo11
Mar 11, 2007, 08:10 PM
Credit cards are considered a open contracrt in New York HOWEVER THEY NEED TO PRODUCE THAT CONTRACT