Legal Question in Credit and Debt Law in New York

Court date for CC debt next week--please help!
Yesterday I recieved discovery items from the CA which was--acceptance cert, affidavit of a CA employee stating the CA did obtain the debt from the OC, and 2 bogus letters they claimed to have mailed me back in 6/07 notifying me of the debt.
Backstory--opened account with OC 1998, charged off end of 1999, OC charging interest making $500 account to $2557 by 3/07.
Account turned over to CA 3/07. Bogus mailing 'sent' to me 6/07 stating that I owe them $2600 including interest. Three months later 9/07 CA file a suit for $2557 plus interest since 2001= $3900? They--#1--attempting to re-age the debt to make it within SOL by claiming that I made a payment of $50 in 11/01....(which I never did).... then,--#2-- they are attempting to collect interest on top of the interest the OC already was charging me.
I have to go to court next week. What should I do? How can I prove that I never made this fake payment & prove this CA has no right to charge me interest on an account they didn't aquire until 3/07?

Asked on 1/27/09, 4:12 pm

Frank Loscalzo Law Office of Frank Loscalzo

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Re: Court date for CC debt next week--please help!

It sounds to me like they are suing you for an out of statute debt.

If you would like a free consultation give me a call, or send me an email with your phone number.

The email should tell me what court you are being sued in, who the plaintiff is, and who are the attorneys for the plaintiff.

Answered on 1/27/09, 4:26 pm

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