Legal Question in Credit and Debt Law in New York

Summons & complaint served
We received a S&C for an old credit card. It is dated 11/9/04 and was served approximately 12/31/04 I understand I have 30 days to answer. It was served suitably, (taped to the front door).My 1st question is: This company had a class action suit for charging late fee and finance charges on late fees and finance charges and over the limit fees. I submitted my name to be included. I still havent heard back about it. Would this constitute any type of conflict? Also, the acct became past due because THEY lowered the credit limit when the acct was closed. They then proceeded to charge me $25 every month for being over the limit. The balance was $3k then and after payment arrangements for over a year and 1/2 the balance was still about the same. The S&C shows the bal now as $3379.79 plus $675.96 in legal fees. Do I have reason here to file either and osc or a counter claim for violation of fdcpa or any case at all to get this tossed out. I cant afford a lawyer, settlemnt or payments at this time. In addition I just started a new job, cant take time off to go to court or I will lose the job. Any advice would be greatly appreciated. Thank you.

Asked on 1/05/05, 6:09 pm

Andrew Nitzberg Andrew Nitzberg & Associates

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Re: Summons & complaint served

Necause of the amount, the case should be filed in small claims court, which is at night! So you will be able to contest this in person.

Colect all of your documents and organize the dollar amounts of the fines in a chart. make it easy on the judge.

It sounds as if you have a solic defense. The other lawsuit is not relevant. You do not want this case joined to the class action suit.

Good luck.

Answered on 1/06/05, 9:34 pm

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