Expert: Jason Shear, Esq. - 7/17/2009

Question
Hello:

 I am being sued by a collection agency over an old credit card my ex-husband and I had together when we were married.
 
 I am sure the card was charged off almost 7 years ago.  From what I read this is past the statute of limitations in New York which is 6 years.  I called the law firm representing the collection agency which from what I understand now owns the rights to the credit card account we had.  
 
 The representive told me my ex-husband made a payment to their client around a year ago which re-started the statute of limitations and that I'm now responsible.  I asked my dumb ex about this and he said he did pay a small percentage around 13 months ago to this law firm.
 
 Is it true that now I'm responsible?  Please give me some advice.  Thank you in advance!  I live in the Rochester, NY area.  Thanks.

Answer
Joan:

No, you are not responsible.  A payment by one co-debtor does not revive the limitations period in an action against the other co-debtor.

In New York the partial payment of a debt by one of two or more joint debtors does not take the case out of the statute as to the others, and this whether such payment is made before or after the debt has been time barred.

Even if you knew what your ex did, it does not matter.  The law says it makes no difference that the payments were made with the knowledge of the other party liable for the same debt.  To make payments effective against a party to save a claim from the statute, they must have been made by her, or for her by her authorized agent.  That is to say, he must of been acting on your behalf when he paid the partial payment, which does not seem like the case here.  

In NY, the joint liability does not, of itself, make each of several joint debtors the agent of the others.  Prior authorization or subsequent ratification must be shown before statements or acts of your ex-husband will be received in evidence as admissions against you.

However, the payment by your ex-husband does revive the limitation period as to him because it implies that he acknowledges the debt.  

Hope this answers your question.  If you require assistance on how to dispose of this case, please do not hesitate to contact me directly.

Jason Shear, Esq.
Attorney at Law
Admitted in NY & NJ
(716) 566-8988





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