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Collections Law/SOL to enforce a debt in NY

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Expert: - 10/14/2008


Question
Hi Jason,

What is the SOL in NY that a Collection Agency can sue an individual for a debt. I now live in California and was also wondering which SOL applies, NY or CA? Thanks.

Answer
Joe:

Hope all is well.  The SOL in New York State for which a collection agency/debt buyer can legally sue a consumer, in a consumer credit transaction, is 6 years.  In CA it is 4 years.  It is important to point out that just because the SOL has run, it does not mean that an unethical collection agency won't sue.  A SOL defense is an "affirmative defense" that must be raised by the consumer/defendant in a case.  If you are sued, do not ignore the case just because the SOL has run.

The FDCPA states that the consumer/debtor must be sued in the jurisdiction that the consumer lives in.  Therefore, the CA SOL would apply.

However, if you recently moved it is important that you have your mail forwarded in case an unethical collection agency sues you at your old address.  If you are sued in NY, you are better off getting the NY case dismissed for lack of jurisdiction rather then getting a default judgment vacated later.  

If you have any questions about this or require anything further, please to not hesitate to write or call.  Good luck.  Hope this was helpful.

Jason Shear
NY Consumer Attorney
716-566-8988

Collections Law

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Jason Shear, Esq.

Expertise

I can answer questions for residents of New York and New Jersey regarding creditor harassment claims under the Fair Debt Collection Practices Act (FDCPA); credit reporting errors under the Fair Credit Reporting Act (FCRA); debt collection defense/credit card defense; student loan law; and consumer class actions. I can also answer questions relating to consumer debt defense/collection agency defense, specifically pertaining to consumers being sued or harassed by collection agencies or NY collection attorneys. If you live in New York and have been contacted or sued by firms such as: Mel Harris & Associates, Forster & Garbus, Rubin & Rothman, Choi Law Office, Lacy Katzen, Malen & Associates, Solomon & Solomon, Daniels & Norelli, Cohen & Slamowitz, Pressler & Pressler or others; give us a call at (716) 831-1111.

Experience

I have obtained settlements for consumers in NY and NJ under the FDCPA and FCRA. I have successfully defended consumers who were sued by collection agencies/debt purchasers in the New York State courts. Visit our website at: www.brentandshear.com

Organizations
National Association of Consumer Advocates (NACA) Brent & Shear, P.C. Consumer Attorneys 3957 Main Street, Second Floor Buffalo, New York 14226 (716) 831-1111

Education/Credentials
BA/BS, Accounting & Political Science, Hunter College. Juris Doctor, Univ. at Buffalo Law School. LLM (Criminal Law), University at Buffalo.

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