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Criteria for Restarting the Statute of Limitations by Acknowledging a Debt Explained (Criteria Not Met Here)

Although the criteria was not met here. the Second Department explained when a writing will restart the statutory limitations period for collecting on a debt:

General Obligations Law § 17-101 effectively revives a time-barred claim when the debtor has signed a writing which validly acknowledges the debt” … . “To constitute an acknowledgment of a debt, a writing must recognize an existing debt and contain nothing inconsistent with an intention on the part of the debtor to pay it” … . Mosab Constr Corp v Prospect Park Yeshiva Inc, 2015 NY Slip Op 00505, 2nd Dept 1-21-15

 

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