Legal Question in Credit and Debt Law in New York

Re: old credit account has come back to surface?

You do not really give a enough information to give a good answer.

In order to put a freeze on your bank account they must have a judgment.

Since you live in Queens, I assume they obtained the judgment in the New York City Civil Court.

I suggest you go to the court and file an "Order to Show Cause to Vacate Judgment". this will for (the moment) free up your bank account.

If you wold like more explicit instructions send me an email with your name, and the credtors name. I will look up the judgment and give you a more precise strategy.

Re: old credit account has come back to surface?

The timing issue is critical. You need to obtain and photocopy the entire case file from the court where the judgment was entered (i.e., summons, complaint, affidavit of service, judgment, etc.). Go to the court in question, go to the clerk's office, pull the file and photocopy it (and take lots of change with you).

If a lawsuit is filed after the expiration of the statute of limitations then the defendant has a valid defense to the lawsuit based on statute of limitation grounds. The statute of limitation for debts in NY is less than the 8 years you mentioned (where no judgment entered), although the statute of limitation can get extended in certain circumstances (such as absence from the state). However, if the case was filed before the statute of limitations elapsed, even though the statue of limitation passed after the case was filed, the statute of limitations defense would not apply.

If a creditor bring a lawsuit on a consumer debt for which the statute of limitations has expired (and there was nothing that extended the limitations period, such as, for example, absence from the state by the account debtor) then the creditor and its attorneys may have violated the Fair Debt Collections Practices Act (FDCPA). This is a federal law designed to protect consumers and protect abusive debt collection practices. A person sued on a consumer claim for which the statute of limitations has expired may be able to obtain money damages from the party (and its attorneys) that brought the lawsuit under FDCPA.

To evaluate whether in your case you have such a claim I would need to review the case file for this matter (that you can pull from the court) and any docs you have about this debt.

If a judgment is entered in a case in which the statute of limitations for the underlying claim has passed, then the defendant may have a valid basis to set aside the judgment based on statute of limitations grounds.

The foregoing is intended as general information of interest to readers of this website and is not legal advice for your specific situation. Facts and circumstances not disclosed in your brief 3 line posting may materially affect your rights. You should consult with an attorney.

You can find further information regarding debt collection and litigation related topics in the Frequently Asked Questions (FAQs) on our website at www.starrandstarr.com/faqs.htm

Please feel free to contact me at 888678165 for a free initial consultation.

Best regards,