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FiveStarLaw
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Category: Bankruptcy Law
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Experience:  Bankruptcy Lawyer. Experienced.
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SOL in New York State

Customer Question

SOL for judgements in NY state for an "open account" is 6 years. Is a judgement for an old student credit card debt considered an "open account" judgement or a "domestic" judgement? I was living in Nevada when the New York State judgement was granted in 2003 if that helps clear anything up.
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  FiveStarLaw replied 5 years ago.

Hello,


Thank you for your question. I am happy to assist you.


It would be considered a judgment.


The SOL pertaining to open accounts is a requirement that the action to collect the debt be filed prior to the running of the SOL. In your case the action was timely filed and a judgment resulted.


I hope that the information which I provided was helpful to you.


Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.


Thank you,
FLAandNYLAWYER


Please click ACCEPT so that I can get credit for my work

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THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. PLEASE CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE

FiveStarLaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36469
Experience: Bankruptcy Lawyer. Experienced.
FiveStarLaw and 2 other Bankruptcy Law Specialists are ready to help you
Customer: replied 5 years ago.

What I wanted to know was not if it was a judgment or not. Obviously it is a judgment as I stated in my question that it was. What I was asking is, is the old credit card judgment from 2003 considered a domestic judgment?
The SOL on a domestic judgment is 10 years and then can be extended another 10 years after the first 10. It is my understanding that for a domestic judgment I would have had to still be living in New York when the judgment was filed for it to be considered so. I was living in Nevada when the judgment was filed in 2003. Basically I'd like to know if the judgement against me will last 6 years or 20 years. I hope that you recieved the $15 I put in earlier when I posted the question. I'm new to this service.

Thank You kind Sir for your upcoming answer.

Jason J.
email:XXX@XXXXXX.XXX

Expert:  FiveStarLaw replied 5 years ago.
Hello,

My comments are in black.

What I wanted to know was not if it was a judgment or not. Obviously it is a judgment as I stated in my question that it was. What I was asking is, is the old credit card judgment from 2003 considered a domestic judgment?
A domestic judgment is simply a judgment that was entered in the state that the judgment holder is taking action in or or entered in another state but recognized the state the judgement holder is taking action in.


The SOL on a domestic judgment is 10 years and then can be extended another 10 years after the first 10. It is my understanding that for a domestic judgment I would have had to still be living in New York when the judgment was filed for it to be considered so. I was living in Nevada when the judgment was filed in 2003. Basically I'd like to know if the judgement against me will last 6 years or 20 years.
The judgment was domestic to NY at the time it was entered. It may have later been domesticated to Nevada.

I hope that you recieved the $15 I put in earlier when I posted the question. I'm new to this service. Thank you, XXXXX XXXXX it.

I hope that this information has helped you.


If I can be of assistance in the future, please ask for FLAandNYLawyer.


Please CLICK ACCEPT so I can receive credit

Bonus and Positive Feedback = job well done.


THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. PLEASE CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE

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