Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
I'm Lucy, and I'd be happy to answer your questions today.
The statute of limitations for breach of contract in New York is six days after the date the last payment was made or the last charge was incurred. However, the statute of limitations does not apply if the defendant does not live or work in New York and cannot be served with process in the state. New Jersey also has a six year statute, and again, the statute is paused if the defendant cannot be found in New Jersey.
I'm sorry - there was a typo in my original answer. The statute of limitations is six YEARS not six days (in both states).
If the debt was actually paid, you can use the fact that you paid as a defense. You can also raise identity theft. If you've lived in New Jersey for less than 9 years, you can also raise the statute of limitations.
You do unfortunately have to respond to the lawsuit, or you lose by default. Trying to get a default removed can take a lot of time and be very frustrating, so it's usually better to dispute the case upfront by filing an Answer.