Fair Isaac is not a credit repair organization as defined under federal or state law, including the Credit Repair Organizations Act. Many factors affect your FICO Scores and the interest rates you may receive. Equifax Credit Report is a trademark of Equifax, Inc. Learn moreįICO, myFICO, Score Watch, The score lenders use, and The Score That Matters are trademarks or registered trademarks of Fair Isaac Corporation. Your lender or insurer may use a different FICO ® Score than the versions you receive from myFICO, or another type of credit score altogether. All rights reserved.Īll FICO ® Score products made available on include a FICO ® Score 8, and may include additional FICO ® Score versions. Also, how long has it been since default? If TX carries a 4 year SOL but you defaulted 2 years ago, all of this is just a moot point anyways.Ĭopyright ©2001- Fair Isaac Corporation. Read your original agreement, chances are good that it will have a clause in it that says something like, "This agreement shall be governed by the laws of the State of Texas." Because you're dealing with an entity that is not based in NY, their home state SOL does matter. If there primary "residence" is Texas, then they are not automatically subject to NY state law simpy because you signed the agreement in NY. The original agreement, as well as the home state of the original creditor (in absence of a state being named in the agreement), will come into play on this.Īlso, it's not necessarily where you were physically located when you signed the agreement. Even if the 6 year SOL has not passed yet, the debt can very much still be time-barred under NY state laws. That's a NY Appeals Court case from 2010. If the claimed injury is an economic one, the cause of action typically accrues "where the plaintiff resides and sustains the economic impact of the loss" ( id. " CPLR 202 provides, in relevant part, that "n action based upon a cause of action accruing without the state cannot be commenced after the expiration of the time limited by the laws of either the state or the place without the state where the cause of action accrued." Therefore, "hen a nonresident sues on a cause of action accruing outside New York, CPLR 202 requires the cause of action to be timely under the limitation periods of both New York and the jurisdiction where the cause of action accrued" ( Triarc, 93 NY2d at 528 ). NY courts have held consistently that CPLR 202 requires the debt to be within BOTH SOL periods, or else the debt is time-barred. NY's borrowing statute is not a one-or-the-other statute. The borrowing statute in NY is specific-the debt must be within the SOL period of BOTH New York AND whatever state governs the agreement. Your first step is to check to see what laws govern the actual agreement. The delinquency must still be within BOTH SOL periods under that law. Even though it's still within the 6 year SOL of NY, it's outside of the 3 year DE SOL. If they try to sue you in NY when the delinquency is 4 years old, you can use CPLR 202 to defeat their suit. In other words, let's say that your agreement is governed by Delaware law, which carries a 3 year SOL. According to your courts there, the borrowing statute means that the SOL clock cannot be expired for either NY state OR the state whose laws govern the agreement. If this agreement has that, then you need to check the SOL for that state. The first thing you need to check is the agreement you signed when you took out the credit-these agreements will often have a statement in there saying something like, "This agreement shall be governed by the laws of the State of _." This is what you need to learn first. Internal applications, then our B2B based Bizapedia Pro API™ might be the answer for you.New York has a borrowing statute. If you are looking for something more than a web based search utility and need to automate company and officer searches from within your WHAT'S INCLUDED IN THE ADVANCED SEARCH FORM? Utilize our advanced search form to filter the search results by Company Name, City, State, Postal Code, Filing Jurisdiction, Entity Type, Registered Agent,įile Number, Filing Status, and Business Category. While logged in and authenticated, you will not be asked to solve any complicated Recaptcha V2 challenges. In addition, all pages on Bizapedia will be served to you completely ad freeĪnd you will be granted access to view every profile in its entirety, even if the company chooses to hide the private information on their profile from the general public. Your entire office will be able to use your search subscription.
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