Legal Question in Business Law in New York

Credit Card Debt and harassment

I was sued by a credit card company, which would not accept my attempts to

settle a bill based mostly on charges and increased interest rates. The credit

card company's lawyer did not appear on the court date. The judge told me

he was ''throwing out the case.''

Now many months later they have reopened the matter with letters and

insulting and harassing phone calls,

Do they have a case if they ignored the matter the last time? Do I have to

answer? How can I get the court records? I don't remember the date,and have

nothing in writing.

Can I get records over the phone,or on the web?

Do I need representation? Do I need a lawyer to write a letter? Should I write

a letter myself? Do I need a special form for this?

I am disabled and receive SSI and Medicare.


Asked on 2/07/05, 10:06 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Credit Card Debt and harassment

A case dismissed for lack of prosecution is not a final disposition, as there was no hearing on the merits of the case. The party whose case was dismissed can re-start it again. If you have been harrassed, etc., you might have a claim under the Fair Debt Collection Practices Act. This will not make their claim go away, but is designed to punish debt collectors for improper actions in attempting to collect the debt, in violation of the statute, independent of the claim itself. As to the claim, I suggest retaining an attorney (that will stop the harrassment as the debt collctor must only then deal with the attorney, not you) to assist you. If the matter is in Court again, you will have the opportunity to present any information about improper charges and to work out some repayment schedule on the corrected amount.

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Answered on 2/09/05, 10:52 am


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