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  1. #1
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    Aug 2015
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    Default How Long Does a Creditor Have to Sue a Debtor After a Demand Letter

    My question involves collection proceedings in the State of: New York

    Hello, I'm new to this forum, have absolutely no knowledge of the law or protocol and am not sure I'm posting this in the correct area but my question is the shelf life on a demand notice. I was served with a demand letter drawn up by an attorney 3.5 years ago with only limited interaction since. I've been summoned for a preliminary conference with a judge early next month and wondered if, since it's been dragging on for so long with almost no interest on the plaintiffs part, I could ask for a dismissal. Would this be unwise or disrespectful to the court?

    Thanks in advance

  2. #2
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    Default Re: How Long Does a Creditor Have to Sue a Debtor After a Demand Notice

    If the debt has not expired under the statute of frauds, you can be sued over the money that you owe. (If the statute of limitations has run, you may raise the statute of limitations as an affirmative defense, and must be careful not to waive that defense.)

    The demand letter does not change the deadlines for taking action.

  3. #3
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    Default Re: How Long Does a Creditor Have to Sue a Debtor After a Demand Notice

    Thank you for your reply. How would I determine the statute of limitations on this "perceived" debt as there is nothing in writing and is between two private parties?

    - - - Updated - - -

    I'm sorry, it was actually a filing naming me as the defendant. This was still 3.5 years ago.

  4. #4
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    Sep 2010
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    Default Re: How Long Does a Creditor Have to Sue a Debtor After a Demand Notice

    Almost certainly the statute of limitations is six years. The date of the demand letter is largely immaterial. They have from the time the action accrued (your alleged breach) six years to file the claim in court.

    If the plaintiff has been intentionally delaying the actual court proceedings, you certainly could ask for a dismissal. The elapsed time from the demand letter again is immaterial.

  5. #5
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    Aug 2015
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    Default Re: How Long Does a Creditor Have to Sue a Debtor After a Demand Notice

    Thank you for the information. I will be representing myself at this preliminary conference as I'm currently in no position to retain council. Is this generally frowned upon from the judges view?

  6. #6
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    Default Re: How Long Does a Creditor Have to Sue a Debtor After a Demand Notice

    Pro se by itself doesn't bother judges, but if your ineptitude in court causes a lot of heartburn for them, they may lose patience in a hurry.

    What defense do you think you have? Why won't you pay the money you owe?

  7. #7
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    Aug 2015
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    Default Re: How Long Does a Creditor Have to Sue a Debtor After a Demand Notice

    This is about money given to me by my step father, in small amounts (checks) over the course of several years in return for roughly 6000 hours of work provided by me, for them and at their request. The amount they claim I owe is about $150,000 and that the money given to me was a loan.

  8. #8
    Join Date
    Jan 2006
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    Default Re: How Long Does a Creditor Have to Sue a Debtor After a Demand Notice

    so do you have a defense?

    given the amount of money involved, not hiring an attorney would be outright foolish, at least if you think you have any chance at winning.

  9. #9
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    Aug 2015
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    Default Re: How Long Does a Creditor Have to Sue a Debtor After a Demand Notice

    If I had the means, I would certainly hire an attorney. Does the considerable work on my part not have weight against his disbursements? Doe's the fact that this matter has been sitting semi-idle for three and a half years suggest anything. I last spoke with the plaintiffs attorney in December of '14 explaining to him that the money I received did not take place in a vacuum...that there was a lot of work performed on my part for the plaintiff and received no response until Aug '15, informing me of the preliminary conference. Does this not display a lack of urgency to an unreasonable point?

  10. #10
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    Jan 2006
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    Default Re: How Long Does a Creditor Have to Sue a Debtor After a Demand Notice

    Does this not display a lack of urgency to an unreasonable point?
    what you don't understand is that lack of urgency means nothing, absolutely nothing.


    as to your belief as to whether your labor was in exchange for the money, well, you will get a chance to argue that in court.

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