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wrpann · Aug 17, 2007, 06:53 AM

Hi, I received a restrainig notice from my bank in re of a debt from 5/1999. I filed a dispute because I do not believe I owe this money (I have never had the credit card in question). I now receive a phone call in re of a second credit card account from 10/1999 & they are trying to collect on. This one I think my ex did. Regardless, because these debts are so old, am I responsible. The statute of limitations for old debt collection in NYS is 6 years. If this is the case, why are these collection agencies contacting me now, don't they know about this? I do appreciate the advice! Thanks.

ScottGem · Aug 17, 2007, 07:26 AM

Ok, first, an explanation of statute of limitations. An SOL states that legal action must be initiated within the specified time frame. That is ALL it means. An expired SOL does NOT absolve you of the debt or prevent the creditor from dunning you for the debt. It just means they can't seek a remedy through the courts.

If you got a notice from a bank of a freeze on your account, that means the creditor received a judgement already. That judgement could have been obtained several years ago before the SOL expired. Judgements have a longer life span (usually at least 10 yrs) and can be renewed.

So you need to look at the order the bank received and go back to the court that issued it and file a motion to vacate on the gorunds that you were never properly served.

As for the other debt, if you do not believe its yours, then tell the creditor that you never signed for it so they should leave you alone.

wrpann · Aug 17, 2007, 08:34 AM

Thank you for your quick response. It states that the judgment was entered on 8/1/07. & I have submitted disputes with the credit agency & have requested more information from the company that states I owe this debt. Is their judgment legal? Can you put a restraining order on a debt this old? I also googled the lawyers office & there was so much bad stuff! Also, if I am disputing this debt, can they proceed with taking the money out of my account? Thanks again!

ScottGem · Aug 17, 2007, 09:00 AM

If the judgement was first entered on 8/1/07 then it may have passed the SOL. AS I said, go back and file for a motion to vacate. The court will set a hearing, hopefully in the very near future. The creditor will then have to show they made a good faith effort to serve you and to show that the suit was filed within the SOL. If they can't the judge will vacate and release the freeze on your account. They can then refile at which point you demand verification.