Legal Question in Credit and Debt Law in New York

If the credit card debt is 10 years old

Can I be sued over a credit card that is ten years old? I haven't heard from these people in years but now I live in a city that lets people come at you after several years! I am confused!


Asked on 3/26/07, 9:47 am

2 Answers from Attorneys

Robert R. Groezinger GroezingerLaw P.C.

Re: If the credit card debt is 10 years old

The answer is a definite maybe. It all depends on when the 6 year statute of limitation began to run.

Good Luck

RRG

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Answered on 3/26/07, 12:36 pm
Guy Lewit Guy Mitchell Lewit, Esq.

Re: If the credit card debt is 10 years old

The easy answer is YES you can. The law is that while you have a defense to a law suit that tries to collect on a debt that is beyond the statute of limitations, you have to respond to the summons and complaint that must be served on you and PLEAD the DEFENSE of STATUTE OF LIMITATIONS. If you do not plead it in your answer then you have waived the defense and the law suit can continue. Then, the court will determine if, in fact, the statute has run and if it has, the case would be dismissed. IT IS NOT AUTOMATIC.

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Answered on 3/26/07, 5:57 pm


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