Rochester, NY asked in Contracts and Landlord - Tenant for New York

Q: Can I be sued in NYS for a breach of contract(Lease) that occurred in 2011? Well past the Statue of Limitations.

Left an apartment complex in 2011. I believed owners wrote off the debt as a loss. Started to receiving info from a debt collector (Lawyer) in 2013. Asked them to provided all information about ownership of debt. They could not. Went back and forth for awhile and finally presented a Cease and Desist letter in May of 2013. They continued contacting me and I sent another one in July 2015. heard nothing more after that date.

In Oct. 2022, I received a plain envelope in my mailbox. No identification just return address. It contained a Notice of Motion along with a date to appear on 11/18/2022. Was told by the clerk that there was no Affidavit of Service on file for that date. Filed an Affidavit in Opposition requesting this Motion be denied. Filed it in court and sent another certified mailing to him.

Filed that, and was told that a new date has been created. I have nothing in my possession to support that. Can I still be sued? Do I need to attend a second date?

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1 Lawyer Answer
Daniel Michael Luisi
Daniel Michael Luisi
  • Licensed in New York

A: I believe that this is a duplicate question. In general, 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. Without reviewing the court file it is not possible to intelligent advise you.

Steven Warren Smollens agrees with this answer

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