Legal Question in Credit and Debt Law in New York

Summons and Answer

I recieved a summons from a lawyer representing a debt buy claiming that I owe them and agreed to pay on Feb of 2003. I have no knowledge of this debt that they claim I owe, don't know where it came from at all. From what I have been reading though, in NY SOL is 6 years. Well the original debt would have been charged off before this Feb 4 2003 date, meaning that it must be past the SOL. The debt does not appear on my credit report. I am wondering the best way to answer this. I am relieved however that the summons was served, it is real, and I know it. Based on the attorney working for the plaintiff, there is a huge amount of info on their collection practices on the net. Can I use the sol defense even though the listed date is 2003? Along with general denial of the claims?


Asked on 1/02/09, 2:46 pm

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

Re: Summons and Answer

Yes, you can claim an affirmative defense of statute of limitations. Remember, you must answer the summons within the time provision set forth on its face.

Mike.

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Answered on 1/02/09, 4:42 pm


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