Legal Question in Credit and Debt Law in New York

Debt Collection

I have been served with notice to appear in queens court for an old credit card debt. The last activity on my credit report for this was 1/2001. Am I correct in stating that the statue of limitations has passed? And can I counter sue for anything ?


Asked on 9/28/07, 1:55 am

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

Re: Debt Collection

If you didn't make a payment, sign an agreement to pay, acknowledge that the debt was yours during last 6 yrs before they commenced the action...you are correct.

You must assert this as an affirmative defense and/or move to dismiss the claim.

Caution...the SOL's defense can be waived if you Answer and fail to assert it and the clock can start ticking again if you did/do any of the aforementioned actions.

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Answered on 9/28/07, 11:37 am


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