NY SOL Question....ASAP

[diveforfun97]

Hello everyone!!  I am writing to see if anyone can help me with this.  I just received a summons for unpaid tution from SUNY Brockport ( 4500 for tution and 2650 in interest).  In the letter it states that it was a bill that was due in Aug 2004......8 years ago.  Isn't this past the SOl of 7 years, or does that not apply to state tutiton?  How do I respond to this letter of summons?  On the other hand....I do not have $6500 to pay this off.  Could I call and set up a payment arrangement, or is it past that? The Army was supposed to pay this tution, but apparently never did.  Any help would be GREATLY appreciated.

[atarvuzdar]

SOL in NY is 6 yrs for just about all types of contracts, if I recall correctly. If you've received a summons you still need to appear in court. Your defense would be that the debt is past SOL. If you don't show up the judge could hand down a default judgment against you. I would also contact the Army to see what's up with them not having paid the tuition.

[diveforfun97]

That is what I thought, but I wasnt sure.....Thanks!  Any other takes on the matter?

[burnednotice]

What atarvuzdar said sounds right. Ny SOL is 6 years, reporting is 7 years +/- 180 days, but a debt is still a debt and you can be sued for it at anytime. The SOL would be your defense. Stay on top of it and don't miss any court dates or letters!
Hope you get it resolved

[Shogun]

They will still try to sue, you can just use the SOL as your defense.  In some states like CA, it's illegal to sue outside the SOL.  Just make sure you have proof of the age of the account.  Should be a slam dunk.