Legal Question in Credit and Debt Law in New York

Being sued over a very old credit card debt

I received a summons that I am

being sued by Cohen & Slamowitz

over a credit card debt that is very

old & was charged off by the original

creditor in 2003. Frankly, I don't

even remember having this card.

Nonetheless, it is on my credit report.

I might have had it, I might not. I

wouldn't have the statements

anymore if I did. I believe the SOL on

cc debt in NY is 6 years. The last

payment before I defaulted on this

account was Jan 2002 (according to

my credit report) and Cn & S filed the

case with the court Dec 18th so they

got in right under the wire. I am not

sure what I do to answer. On my

credit report, they replaced the

original creditor's address with theirs

(I looked the original creditor up on

the internet). What would you

recommend as my course of action?

Can you give me an idea of how this

works? Should I deny the debt on

the answer and then ask them for

verification of the debt hoping they

can't produce it? I haven't ever

contacted these people, so I haven't

validated this debt. What exactly

does the answer form require me to

do? I just want to understand what

I am doing and what needs to be

done.


Asked on 1/19/09, 1:51 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Being sued over a very old credit card debt

You should go to the clerk's office and ask for a form to deny the answer. The clerk will help you. You should then ask Cohen & Slamowitz for verification of the debt.

Mike.

Read more
Answered on 1/19/09, 2:55 pm


Related Questions & Answers

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