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What is the status of limitation on unpaid car loan for a…

Customer Question
What is the status...

What is the status of limitation on unpaid car loan for a lawsuit?

Lawyer's Assistant: What state is this in? And how old is the car?

New York

Lawyer's Assistant: Has anything been filed or reported?

A law firm just call me now

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

They claimed the loan is from 2008 from a bank I never heard of, which in fact the loan is from Capital One in 1997

Submitted: 9 months ago.Category: Legal
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Answered in 1 minute by:
10/9/2017
Lawyer: Ely, Counselor at Law replied 9 months ago
Ely
Ely, Counselor at Law
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

The statute of limitations for an unpaid debt in the State of New York (which includes a car loan) is six years, counting from the date of default. However the statute of limitations can RESET if the debtor makes a payment, or, affirms the debt in writing.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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