Legal Question in Credit and Debt Law in New York

Debt collectors alleged illegal debt collection activities

Judgment on an alleged credit card debt in New York is over 12 years old. The lien on the alleged debt was not renewed after 10 years. The alleged debt was assigned to an attorney debt collector firm. Validation of the alleged debt was requested by certified mail in September 2005 and received. Alleged debt collector was given 30 days and as of this date has not responded or has chosen to be silent.

I was informed by Attorney General's office that because the lien has not been renewed, the judgment is no longer in effect. Attorney General accepted my complaint and sent letter to attorney debt collector to request a statement of their position and possible adjustment.

My question is the following:

Is Attorney General's information correct?

Should I wait for possible response from alleged attorney debt collector to AG's office or should I proceed with an RJI and an order to show cause as to why the alleged debt should not be vacated as the alleged debt has not been validated nor has it been renewed.


Asked on 12/27/05, 12:24 pm

2 Answers from Attorneys
Robert R. Groezinger GroezingerLaw P.C.

Re: Debt collectors alleged illegal debt collection activities

A personal judgment is good for 20 years.

Good Luck

RRG

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Answered on 12/27/05, 1:53 pm
Guy Lewit Guy Mitchell Lewit, Esq.

Re: Debt collectors alleged illegal debt collection activities

I agree that a personal judgment is good for 20 years. 10 years as a lien against real property and unless renewed, 10 years as against personal property. THey can restrain your bank account and/or garnish wages. You DO have the right to have the judgment vacated (regardless of age) if you claim you were never served with a summons and complaint. If you were not served, and they have to prove you were, the court never had jurisdiction over you to enter judgment in the first place and they just might vacate it on that basis. You have to know where you were at the time the law suit was commenced...not as of the date of the judgment...I doubt they can get the process server (from 10-11 years ago) to come in and testify that he recollects serving the summons on you..but he might have a book that he recorded the event in that would be accepted by the court...as a timely written record of the event...if he still has it. You can demand to see any documents they intend to use at any hearing to determine if there was jurisdiction over you. THe hearing is called a traverse hearing. You file an Order to SHow cause why the judgment should not be vacated and the creditor has to show cause to the court why it should remain. THey have the burden of proof.

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Answered on 12/27/05, 5:55 pm


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