Legal Question in Credit and Debt Law in New York

Collecting Without a License?
This credit collection agency sent me a summons demanding payment for a substantial amount of money which I have no knowledge of. The summons was mailed to my wife's address instead of mine (my wife no longer lives with me). She just brought it to me. I filed an answer at the civil court and I am going to do it pro se. I had a group of lawyers from a not-for-profit organization prepare it for me. One of my defense was it was not formally mailed or delivered to me. Second defense was, upon scrutiny, the debt collector is company based in Delaware and claimed they are allowed by law to perform collection activities here in New York. To make certain, my counsel and I checked the DCA website for their license and we found nothing that correspond to the name they gave as plaintiffs. Hence, our second defense: operating without a license; lack of standing. Altogether, there are four defenses I brought forth in the answer. Per your experience with these kind of case, what are my chances the case will be dismissed? Your response/s will be highly appreciated.

Asked on 11/17/06, 10:17 am

2 Answers from Attorneys

Guy Lewit Guy Mitchell Lewit, Esq.

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Re: Collecting Without a License?

there is something wrong with your facts...collection agencies don't sue, lawyers do. I cannot provide a perfect answer because I am not aware of the accurate facts. Normally, the court will not dismiss a case on procedural grounds alone unless there has been some horrible error...so I would try to defeat the case on substantive grounds (like they cannot prove you charged the charges, stuff like that...most cedit card debt cases require the credit card company to provide a witness to testify and usually that won't happen...so you can settle on your terms. Ask for proof of the charges and all statements that were allegedly sent to you. If you are successful in getting the case dismissed on procedural grounds (like bad service of the summons and complaint) they do have the right to start over...again and again if necessary.

Answered on 11/22/06, 10:45 am

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