Legal Question in Credit and Debt Law in New York

Re: Credit card debt.

Demand to see the original signed contract that you were supposed to have signed. Then ask for proof of service of the legal documents. Carefully go over them. Did you reside at the address they allegedly served? Were you away in the military?

Could they have served a minor or the wrong party? All the above are grounds to request a dismissal of their case. Without getting a judgment first the credit card companies or their collection agents have 6 years to try to collect the debt. After a judgment is obtained it is good for 20 years.

The monies being held in your accounts are doubled by law to make sure that there is sufficient funds to cover the judgment. If you believe that the judgment was obtained after the stautory time had passed, hire an attorney to do an Order to Show Cause to Vacate and you may end up walking away from the judgment without owing a nickel!