Legal Question in Credit and Debt Law in New York

My husband was served papers from a credit card company in april 2010. Stated he rec'd a check for $3000.and was dated sometime in 2008. My husband said he did not owe this and we hired an attorney and gave him a retainer of $2500. The last we heard from the c.c. laywers was in 2010 asking my husband to fill out identity theft papers. My husband did not give any info and we and our laywer have not heard anything since. Of the $2500. retainer there was 1528. left. Our laywer gave 1000 back to us in april of 2012 and said he needed to keep 528. because the litigation remains open. my questions is: how long does this litigation remain open and why can't we get our 528. back?


Asked on 3/27/14, 12:30 pm

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

Law suits do not expire for lack of prosecution. Your attorney would have to file a motion (a written request to the court) to force the plaintiff in your husband's collection law suit to either proceed or have the matter discontinued. A much cheaper alternative would be for your attorney to provide the identity theft affidavit the collection attorney asked for (why not if your Husband really doesn't owe the $) and send that together with a stipulation discontinuing the action and cover letter requesting the collection attorneys to sign and return the stipulation (your attorney will file it with the court and give you a stamped copy evidencing that the action is discontinued (over). Then he can return MOST of the money he kept. He should charge you $100-150 to write the letter, the stipulation and the letter to the clerk when he files the stip. There is NO charge for filing the stip with the court (usually).

Read more
Answered on 3/27/14, 12:58 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in New York