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How long does someone have to sue me in Small Claims court in NY for a debt there is no contract for?

Utica, NY |

I just had an ex contact me saying he has a 1500.00 bill owed to our power company from the year 2009, some of which if for time after he was removed from the home and arrested for domestic abuse. I contend he never contacted the power company to have it terminated and he has admitted so in writing. He claims he left it on for our daughter. Would I be responsible for this debt seeing as there was no agreement, and no contract, and its been more than five years. All bills would have been sent to him, and by now a collection company would have also notified him of the debt. Termination of the service would have been his responsibility.

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Attorney answers 1


The power company has 6 years to sue for breach of contract. It does not matter that it was not a written contract - you accepted the service.

I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 17 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.



Its not the power company. it's my ex...and I did not set up service and had no contact with them, the bill wasn't in my name, but he is claiming since I lived here and he never terminated service, I now owe him money



I couldn't even terminate service in his name and put it in mine because only he could terminate it

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