Legal Question in Consumer Law in New York

summons received

received a summons to appear in court from collections agency regarding an old debt that is over 6 years old and originated in NJ (I live in NY). How do I proceed and does statute of limitation apply?


Asked on 9/13/07, 5:01 pm

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: summons received

Do you know whether a judgment has been entered already? Sometimes that can happen and they follow up with an action to enforce against your assets.

Does this involve a credit card or another type of Debt? Breach of contract will have a six year statute of limitations from the date of the last charge, in NY (I am not sure if NJ is the same.) The statute of limitations is usually governed by where the contract was executed.

You should review the document with an attorney if it involves a substantial sum.

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Answered on 9/13/07, 11:22 pm


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