Legal Question in Credit and Debt Law in New York

credit card debt

Dear Sir

Recently I found two default judgements on my credit report in 2002,I have not received summon or any copy of judgement from court or collection agency,I moved to other state in 2001.I was not properly served so I am thinking to file a vacate judgement request in court.Please let me know in this case how 6 years statue of limitation of NY state is going to determine.Regards


Asked on 2/22/08, 10:52 am

1 Answer from Attorneys
Andrew M. Doktofsky Andrew M. Doktofsky, P.C.

Re: credit card debt

If you were allegedly served in New York after you moved, you can ask to have the judgment vacated and the complaint dismissed due to improper service. If you are successful in having it vacated and the complaint dismissed and more than six years have elapsed since you last used the card or made a payment (if this is a credit card or other contract action) then the creditor cannot file a new action.

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Answered on 2/22/08, 12:22 pm


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