Expert: Jason Shear, Esq. - 1/21/2010

Question
Hello,

I hope you can help me.  I'm being sued by the lawfirm of Daniels and Norelli.  They are representing the debt buyer Northstar Capital.  

The debt pertains to an old store credit card I had with my now ex-wife.  I defaulted on the card over four years ago.  Therefore, according to my research, the debt is past the statute of limitations.  However, my ex-wife made a payment to a collection agency after the account was in default approximately three years ago.  From what I read, the statute of limitations starts from the last payment.  Does her payment effect my SOL defense?  Thank you for your advice and input!  I live in NYS.

Answer
J:

Good question.  The established rule in New York is that a part payment of a debt by one of two or more joint contractors 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.

It makes no difference if the payments were made with your knowledge.  To make payments effective against you to save the claim from the statute, the payments must have been made by you personally or for you by your authorized agent.  You should look at NY General Obligations Law section 17-103(4)(a).  

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 one joint debtor will be received in evidence as admissions against the others.  

Hope this gets you on the right track.  If you have any other questions or need assistance to dispose of this case, please call me directly.

Jason A. Shear, Esq.
Attorney at Law
Admitted in NY & NJ
4160 Harlem Rd.
Buffalo, New York 14226
Phone: (716) 566-8988



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