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

Asked 8 months ago - 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.

Attorney answers (1)

  1. Eric Edward Rothstein

    Contributor Level 20

    Answered . 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... more

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There are different types of debt, but all involve one person (the debtor) owing money to another (the creditor). Terms of repayment are governed by a contract.

Lawsuits and disputes

If you're faced with a dispute that can't be resolved by negotiation, a lawsuit may be necessary. It will allow you to seek a legally binding solution in court.

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