Austin Hughes said:Hey, quick question. I’m looking at an enforcement action from Berkshire Hathaway—they used to be New York City Water back then. It’s for a bill from November 2003. Principal was 400, total is about $0.33. When does the statute of limitations kick in on this? And once it does, will they just drop the enforcement automatically, or am I going to have to step up and argue the statute of limitations myself?
Thanks!
One year
It runs for one year starting from the day after the due date until they actually file the petition for collection
You absolutely have to bring up the statute of limitations defense—because let's be real, nobody is looking out for you; they won't do it officially by default.
(1) These expire after one year:
1) Claims for compensation for electricity, heating, gas, water, chimney sweeping services, or trash collection, provided the service was for residential use,
2) Claims from radio or TV stations for receiver usage,
3) Claims from the post office, telegraph, or phone companies for phone service, PO boxes, or other similar debts billed on three-month cycles or shorter,
4) Magazine subscription claims, counting from when the period the publication was ordered expires.