Legal Question in Credit and Debt Law in New York
Asked collection agency to validate debt, was served summons instead
I have received summons over an alleged $1700 credit card debt (which is almost seven years old) by a law firm representing a collection agency of the original creditor.
Upon receiving their initial letter in March of this year, I have replied asking them to validate the debt. They have only sent back some basic info such as my full name, the last 4 digits of my social security number, and my address (they didn't even list the address of the original creditor).
I have sent them another reply after that, asking them to supply a copy of the original credit card application bearing my signature, and how they calculated the debt (which was originally only $500). Again, no reply. This time, they served me summons.
Based on this information, should I proceed to answer the summons by myself, hoping that the judge will dismiss the case based on plaintiff's failure to validate the alleged debt, or should I instead hire an attorney (which is likely going to be quite costly).
Any and all advice would be greatly appreciated.
4 Answers from Attorneys
Re: Asked collection agency to validate debt, was served summons instead
I would hire an attorney to look at making a motion to dismiss the claim based on a statute of limitations defense or to find other cause. Otherwise, it probably a good idea to have an attorney submit an answer for you. If they see you mean business, they probably won't pursue it further and the case will fade.
Feel free to contact me should you have any further questions.
Kind regards,
Peter Moulinos
Re: Asked collection agency to validate debt, was served summons instead
For $500 to grow to $1700 in 7 years is not unreasonable based on your statement that the debt is from a credit card (meaning that credit card's interest rate continues to apply to the debt) and that most/all credit card agreements include late payment fees and costs of collection/attorney fees requirements. If you choose to represent yourself, take the time to research the applicable law and Court Rules. Be sure you research the case law and rules of evidence so that you know what the Plaintiff has to show and what types of evidence are admissible; also be sure to investiagate any defenses available to you.
Re: Asked collection agency to validate debt, was served summons instead
The statute of limitations is 6 years from the date of charge off or last payment, whichever is later.
The maount grew based on your cardholder agreement wherein you agreed to pay late charges and interest. This applies to theooriginal debt and all future amounts so in essence it compounds.
Good Luck
RRG
Re: Asked collection agency to validate debt, was served summons instead
Did you receive a complaint w/ the summons? If not, you need to demand they send you one. It is the complaint that you are answering not the summons.
If you have not made ANY pymts nor promised to pay nor acknowledged the debt was yours in writing for the last 6 yrs then the complaint is time barred and must be dismissed.
You must plead "beyond statute of limitations" in your Answer then move to dismiss.
If this is the case, you can prob handle on your own.
Then you could sue them (counter-sue)for viol of Fed Debt Collection Act.
Feel free to email me if you need more info.
Debra
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