Legal Question in Credit and Debt Law in New York

Recieved summons on old credit card

I received a summons for an old credit card on 1/14/08 that was dated as filed 9/25/07. Capital One is suing me for 4k on a $500 credit limit from a card I opened in 1998. The last activity date was stated in the summons as 11/30/01. I read that the statute of limitations in NY is 6 years which has past now, but not past on 9/25/07.

Does the statute of limitations go by the date they filed their claim? Also, I called the attny suing me which stated that this was for a Mastercard (which it's not, it was a Visa). So I'm not really sure how much accurate information they have on me.

Can you tell me about the NY SOL and file date? Also, what should my next step be? I know I need to answer this summons, but I'm not sure how to answer based on my questions.

Thanks so much for your time. I really hope you can answer this for me.


Asked on 1/17/08, 1:41 am

2 Answers from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Recieved summons on old credit card

Q. Does the statute of limitations go by the date they filed their claim?

A. The period to commence an action under the statute of limitations ends when the summons is filed with the clerk; not when the summons is served.

Q. Also, what should my next step be?

A. Your next step is to serve and file an answer. You should also have an affirmative defense that the Court does not have personal jurisdiction due to invalid service. If you go to the clerk's office, they will give you the forms to prepare, serve and file an answer. You should also ask for documentation.

Mike

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Answered on 1/17/08, 8:15 am
Alexander Tsiring The Tsiring Law Firm, P.C.

Re: Recieved summons on old credit card

NY SOL is indeed 6 years. However, 6 years begin to run from the date your account was closed, or from the date the credit card company issued the notice that you are delinquent on the account. This date can be later than the date of last activity. you should see a lawyer and show him the summons. You have to answer the summons within 30 days or you will be in default.

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Answered on 1/17/08, 10:54 am


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