Rochester, NY asked in Contracts, Civil Litigation and Collections for New York

Q: Can I be sued in civil court for something that occurred in 2011?

I moved out of my apartment before the lease ended. Was turned over to a debt collector. Kept requesting information on ownership of debt, lease, money owed, etc... Could not provided it.

Asked to stop harassing me until could provide that information. Cease and Desist letters, two of them. No contact for years.

Now, 11 yrs later, I was just sent a Notice of Motion to me in plain envelope, no proof of delivery required. Had a date to appear and did not appear on Dockett. Sent a couple of Affidavit to dismiss action certified and originals to court. Supposedly new date, but i have no knowledge of it.

2 Lawyer Answers
David H. Relkin
David H. Relkin
Answered
  • Collections Lawyer
  • New York, NY
  • Licensed in New York

A: Your question involves the statute of limitations for a debt, which in New York is six years. Therefore, without additional facts, it would appear that the action cannot proceed. However, the circumstances appear dubious since you say that you were served with some papers that appeared to be a legal "motion." Unless the amount at issue is less than $5,000, you can find the case on the Court's electronic records page. You would enter the index number shown on the first page to find out if the case was ever filed or the papers were sent to you as a ruse to get you to pay them without an actual case having been commenced. There could be one way that the case would be proper, and that occurs when a payment is made against an outstanding debt, it will extend the statute of limitations for an additional six years from the date of payment. This is called an extension due to reaffirmation.

Tim Akpinar agrees with this answer

1 user found this answer helpful

Daniel Michael Luisi
Daniel Michael Luisi
Answered
  • Collections Lawyer
  • BROOKLYN, NY
  • Licensed in New York

A: The recently enacted Consumer Credit Fairness Act has actually reduced the statute of limitations to three (3) years for rent arrears in New York. If you have made any payments after April 7, 2022, it shouldn't reactivate the debt under the CCFA; however, you should NOT make any payments as you don't want to give the landlord a leg to stand on in Court. If the debt is time barred and you sent a cease and desist as you said, and collection efforts have continued, you may have a claim for damages for "abusive debt collection tactics" under the FDCPA. You need a consultation and fact review session to apprise you of your rights.

Tim Akpinar agrees with this answer

1 user found this answer helpful

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