Legal Question in Credit and Debt Law in New York

Credit card judgement.

I just received a letter from my bank informing me that my account has been seized by the collection agency that is suing me. Back in November 2006, I received a court summons, stating that I was being sued for a long standing credit card balance. I called the collection agency and worked out a settlement. The man I spoke to said a bill and other documents concerning this debt would be immediately sent to me. I never received anything from the collection agency again. Until today when I received this letter from my bank. This debt is over 7 years old and I'm not sure what I can do about it. Please help me?


Asked on 1/31/07, 4:47 pm

1 Answer from Attorneys
Guy Lewit Guy Mitchell Lewit, Esq.

Re: Credit card judgement.

You must go to court IMMEDIATELY and file a motion to have the judgment thrown out (vacated) so you have a chance to resolve the matter with the attorneys who now represent the creditor. Ask for help from the court clerk as you are representing yourself PRO SE (pronounced PRO SAY). You will win your motion and the matter will end up in court at a future date for conference. At the conference the attorneys will try to pressure you into settling. Say that rather than settle just then you want to see proof you requested a credit card and used it. You may have to come back another date...if the documents are not there, you will be able to get a MUCH lower settlement. (they can't win in a trial if they have NO documents). THe judge at the conference will ask you if you remember getting and using a card and you must answer "YOU DONT RECALL GETTING A CARD AND YOU DONT RECALL USING THE CARD"...You want the PLAINTIFF TO PROVE ITS CASE AGAINST YOU AND YOU ARE NOT ADMITTING ANYTHING. That is your absolute right. THey will settle on your terms. Good luck.

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Answered on 1/31/07, 5:28 pm


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