| Monday, June 26, 2000 - 04:11 pm |
This is a summary of our discussion of the NY SOL:
"Ok, I'll take one more stab at making it simpler, but statute of limitations laws ARE complex. There is no single SOL for loans--it depends on what kind of loan we're talking about.
The SOL in New York for most contracts is 6 years. Mortgages are 10 years. Sales contracts are 4 years.
I would assume that a credit card would be considered a contract and therefore subject to the 6 year SOL. However, as I said before, I'm not an attorney so don't take my word for it. Rosemarie didn't tell us what kind of an account it is--maybe it's a sales contract subject to the 4 year SOL. That's why she needs an attorney.
The link to the New York State Laws on the statute of limitations in civil cases is: http://assembly.state.ny.us/cgi-bin/claws?law=16&art=3
Rosemarie was referring to the SOL table on the creditinfocenter site which she linked to from this site. That table says the SOL for "open ended accounts" in New York is 4 years, and it defines an open ended account as a credit card. I was not able to find that same definition in NY code (and I looked for more than 3 hours), but then again I'm not an attorney and I'm not from NY."
Because I *DO* link to that SOL chart, I'd REALLY like to know when it's wrong.
"As far as attorneys go, I agree with you that a good one who's knowledgable in consumer credit is nearly impossible to find. I couldn't find one when I needed one, so I settled for an attorney who was willing to do some research and to listen. I also did a lot of research on my own, and he was open to my input. Although I respected his opinions, it was after all MY case and therefore ultimately the decisions (ie: whether to settle or fight) were mine. And I'm also much happier being an INFORMED consumer. ;-) I learned a lot from my attorney, I believe he learned a few things from me, and our case came out well.
Just my 2 cents..."
There's got to be a way to make finding a decent lawyer easier.
And I absolutely don't understand why I can't follow the civil code.
I have read IRS Pubs on real estate exchanges, installment sales, depreciation and business, and except for some rather obscure stuff that I don't do I can comprehend the IRS Code just fine.
I also have no problem reading and understanding California Real Estate Law.
Same with the FCRA.
So why am I unable to comprehend a thing in the Civil Code?
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