Help understanding NY SOL law
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Posted by clarksummit
(216.108.199.237) on November 21, 2002 at 10:19:41:
What is the name of your state? NY. I just received a letter from the lawyers for a NY bank which received a judgement against me in 1984 for $6,000. They sent a copy of the judgement papers, there is no indication on it that it has been renewed. The papers state that I failed to appear, that they sent copies of the summons to my last-know address (at that time in NJ), and that 20 days had elapsed and the summons had not been returned as undeliverable. I found the following posted on NY's State Law site. They are excerpts from NY State Civil Practice Law and Rules, but I am trying to figure out if it means the SOL is 20 years or 10 years with another window of 10 years on renewal. I called the Nassau County clerk's office and they said the SOL on a money judgement is 20 years. Several credit-help sites state it is 10 years. I really need some help finding out the truth, and figuring out what I need to do. This debt has not been on my credit report for at least 15 years. If the SOL has made collection of this judgement time-barred, what kind of a letter do I need to send to the layers, and what should it say? Article 2
211. Actions to be commenced within twenty years.
(a) On a bond.
(b) On a money judgment.
(c) By state for real property.
(d) By grantee of state for real property.
(e) For support, alimony or maintenance. (b) On a money judgment. A money judgment is presumed to be paid and satisfied after the expiration of twenty years from the time when the party recovering it was first entitled to enforce it. This presumption is conclusive, except as against a person who within the twenty years acknowledges an indebtedness, or makes a payment, of all or part of the amount recovered by the judgment, or his heir or personal representative, or a person whom he otherwise represents. Such an
acknowledgment must be in writing and signed by the person to be charged. Property acquired by an enforcement order or by levy upon an execution is a payment, unless the person to be charged shows that it did not include property claimed by him. If such an acknowledgment or payment is made, the judgment is conclusively presumed to be paid and
satisfied as against any person after the expiration of twenty years after the last acknowledgment or payment made by him. The presumption created by this subdivision may be availed of under an allegation that the action was not commenced within the time limited. S 5014. Action upon judgment. Except as permitted by section 15-102 of the general obligations law, an action upon a money judgment entered in a court of the state may only be maintained between the original parties to the judgment where:
1. ten years have elapsed since the first docketing of the judgment; or
2. the judgment was entered against the defendant by default for want of appearance and the summons was served other than by personal delivery to him or to his agent for service designated under rule 318, either within or
without the state; or
3. the court in which the action is sought to be brought so orders on motion with such notice to such other persons as the court may direct.
** Any action commenced under subdivision one of this section during the year prior to the expiration of ten years since the first docketing of the judgment. The judgment in such action shall be designated a renewal judgment and shall be so docketed by the clerk. The lien of a renewal
judgment shall take effect upon the expiration of ten years from the first docketing of the original judgment. I never received the summons nor have I acknowledged this indebtedness either verbally or in writing. Thanks for your help!
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