Legal Question in Credit and Debt Law in New York
summons for court
I bought furniture, had a dispute about it and stopped paying because it was defective (my mistake) The bank had already paid furniture company for it.
I just recieved a summons for judgement from a lawyers office(3rd party) listed in my old name.
Court summons is listed in a different county from which I live, and I believe debt is over the SOL as this all happened in 2000. Can I site FDCPA section 811(a) (2) as my defense? and do I send a letter to the lawyer or the court as I have 20 days to respond.
Who do I tell that I am refuting this bill. I know I should not have stopped paying the bank but I already did, can't change that and my last payment was over 7 years ago. How do I avoid judgement now, so my new husband is not effected by them attaching my bank accounts?
After being told, from the bank, that they would look into my case, I never heard another word, until this summons.
2 Answers from Attorneys
Re: summons for court
It is not JUST that "you can raise any defense you want"...you MUST raise the SOL defense or it will be waived.
If you have not paid, acknowledged that you owed the debt or promised to pay the debt within the last 6 yrs., the claim is barred by the NY SOL's.
If you have, the clock re-starts from that point.
It is not a violation of the FDCA to try and collect on a debt that is beyond the SOL's. Afterall, some people will waive their right (prob not knowingly) and admit the debt or agree to pay something..that is legal and what the debt collectors count on when they chase old debt.
However, they have no legal recourse in the courts to obtain a judgment or garnishment, etc as their claim is barred by SOL. YOU MUST ASSERT THIS IN YOUR ANSWER and mail it to the atty and the court.
Lastly, you say the summons is incorrect so I am wondering how they served you. You may have another defense to throw in.
Re: summons for court
You have to answer the summons. Your answer must be filed with the court. You can raise any defense that you wish, including SOL.
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