Legal Question in Credit and Debt Law in New York
law suit
My checking account is frozen because a lawyer is trying to collect a bill. I was never given a chance to defend my self and I was never served with any paper work the lawyer claims that paper work was mailed to my old address and that is why I never received the court papers. I told him that any mail sent to the old address the post office has the change of address and they will send the mail to the correct address.
1 Answer from Attorneys
Re: law suit
Unfortunately, this happens often.
First, they can't just serve you by mail. They would have had to go to the property and attempt to serve you and then "attach" it to the door and mail a copy. You need to see the affidavit of service.
Your only option here is to move to vacate the default judgment so you can defend yourself.
If this debt is older than 6 yrs and you haven't pd or acknowledged the debt in writing during the last 6 yrs., it is beyond the statute of limitations!That is a defense to the debt.
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