Legal Question in Credit and Debt Law in New York

Credit card debt is over 6-7 years old!

I received a summons from an attorney's office today that first of all was back-dated 20 days, and the summons states that I only have 10 days to answer. Plus, was not delivered to me personally. Secondly, I have not used this credit card for a minimum of 6 years, and the credit limit allowed was $500.00. They are attempting to collect over $1,200.00 which I have no idea where they are getting that amount! They are also stating in this summons that this debt relates to 2002, which is a blatant lie. Again, I have not used this credit card for a minimum of 6 years. What is the SOL on this, and do I have any legal recourse.

Thank you in advance for your help.


Asked on 4/11/06, 12:56 am

1 Answer from Attorneys
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Credit card debt is over 6-7 years old!

In NY, SOL's is 6 yrs.

Is there a complaint with the summons? If so, you need to submit an answer and plead an affirmative defense of "beyond SOL's."

If there is not a complaint you need to demand the complaint and then answer it as above.

Do not ignore the law suit even if it has no merit. Have you reviewed your credit report recently? Make sure this "debt" hasn't been re-aged (that is unlawful pursuant to Fed Debt Collection Act).

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Answered on 4/11/06, 11:00 am


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