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TomRiddle

Statute of Limitations NY

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HI,

When I Lived in NY  I sent my kids to a Nonprofit Private school and received Tuition scholarships, I have never taken any loan - I made payments from 1996 to 2007,  then took my kids out. I made no payments since then, I was just served papers that I owe the school, 109k for tuition that I never paid. I told them that the Statute of Limitations in NY is 6 years,  and they sent me bills paid in 2013  and 2014 (also after Statute of Limitations  ) which I never gave them, someone must have paid them small payments without my knowledge. (small payment less than $600 over 2 years) then no payments again since 2014.  - can anyone tell me what I am responsible for? I have seen on this forum that the clock does not start again if a partial payment was made and also I am not the one who made it. I have also never been contacted by them from 2007 till now (2017) 

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The general rule is that if you, or your authorized agent do not make the payment, the limitation period is not extended.  However, this will not be an easy argument to put forth yourself.  If you are being sued in NY, you should really look into retaining a NY attorney.  If you are being sued in NJ; you are going to want to seek an attorney admitted in NY or NJ. 

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I know this is an old post but what stuck out to me from the beginning of the topic by OP is he signed the back of the check.  Was this check out of his checking account and could it be that once creditor was made aware of this account, they had a reason for pursuing for a higher settlement than the one on the table and creditor starting looking for an excuse that the settlement was no good.  Maybe they had this bank info. already from past payments when the account was in good standing, but it just goes to show you that even in the end a method of payment such as a money order is always good practice against a creditor/collector.    

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