Appellate Practice Attorney serving New York, NY
The limitations period for breach of contract (e.g. failing to pay a bill when due) in NY is 6 years from the breach, but the limitations period for collecting on a judgment is 20 years. Thus, if the plaintiff has already sued and obtained a judgment for your failure to pay the debt, he/she/it still has plenty of time to try to collect on it.
You can be sued for anything, but if you are sued for a 7 year old breach of contract in a situation where NY law applies (to the best of my knowledge, no state has a breach of contract SOL longer than 6 years, so choice of law not really an issue in this example) you would have a complete defense to that claim unless the plaintiff can show that an exception to the limitations period applies, such as that you reaffirmed the debt less than 6 years ago (so, if you fail to pay in 2008, but write the creditor in 2011 to say that you know you owe the money and will try to pay, the limitations period would start to run again from 2011). Even if you defeat the claim on the 7 year old breach, the claim on the 3 year old breach would survive.
Answered on Mar 29th, 2016 at 4:34 PM