Legal Question in Credit and Debt Law in New York

Re: Summons to Civil Court for Credit Card Debt

You can not go to the clerk you must appear. How old is this debt? If your last pyment to it was more than 6 yrs ago AND you have not acknowledged the debt in writing, you may have a statute of limitations defense. Otherwise, if it is your true debt, offer payments before or at the hearing to the creditor.

Re: Summons to Civil Court for Credit Card Debt

You must go to the courthouse and speak to a clerk there about "answering" the complaint. You will be given a form that you will fill out which will tell the court why you don't owe the money (even if you do owe the funds you DENY it all and make the other side prove you owe it) Debra (the other lawyer who answered)...mentioned one possible defense the statute of limitations though you do not state how old the debt is...if it is less than 6 years old you cannot use that defense, but the creditor is required to prove their claim. Once you file your answer the court will automatically schedule a conference where you will meet the lawyer for the credit card company and can negotiate a structured settlement of the claim...You can ask for a reduction in the amount and/or monthly payments and NO MORE INTEREST while you are paying it off...try to get the interest removed and make sure there are no attorneys fees/charges added in...