A letter summarizing a party's debt can amount to a reconfirmation of an obligation, and allow the creditor to file a collection action, a New York appellate court ruled in a case involving the Caribbean nation of Antigua. Even though the letter did not contain a direct promise to pay, it revived the creditor's claims against the island nation, which otherwise could have been barred by the statute of limitations.
April 19, 2000 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
A letter summarizing a party’s debt can amount to a reconfirmation of an obligation and allow the creditor to file a cause of action to collect the outstanding amount, the Appellate Division, First Department, ruled yesterday.
The unanimous panel, in an opinion written by Justice Alfred D. Lerner, said that even though the letter did not contain a direct promise to pay the creditor, it was a sufficient recognition of a duty to satisfy the debt.
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