Legal Question in Credit and Debt Law in New York

Cred Card Debt

I received a summons dated April 3, 2207, potmarked April 24, 2007. It states I have 20 days from date to respond. From what date?

I live in New York. The statue of limiations is 6 years from date of last action on account. It has been at least six years but they stated it has been since January of this year. How can I resolve this?


Asked on 5/02/07, 7:07 am

2 Answers from Attorneys

Robert R. Groezinger GroezingerLaw P.C.

Re: Cred Card Debt

Interpose an answer IMMEDIATELY and file it in the court.. Further, 10 days is not a legal time within which to repsond to a summons unless they are writing to you as a courtesy after you have defaulted.

Good Luck

RRG

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Answered on 5/02/07, 8:42 am
Guy Lewit Guy Mitchell Lewit, Esq.

Re: Cred Card Debt

I am not sure what RObert was talking about...you have 20 days to respond to a summons that was personally handed to you. If you received it any other way, (like it was given to a relative or friend or was left on your door) you then have 30 days to respond from the date they file an affidavit in court attesting to the service of the summons on you. If you have the time, go to court and file an answer. Since you think you may have a statute of limitations defense you must MAKE SURE you put that in your answer. If you do not include a statute of limitations defense in your answer you will have waived your right to assert it later on in the matter. It should be enough to simply state "STATUTE OF LIMITATIONS HAS RUN". If it has, you are good. If not, it makes no difference...

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Answered on 5/02/07, 7:47 pm


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