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Sued for Credit Card Debt, SOL Expires The Same Month as Answer Due

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  • 09-06-2007, 04:12 PM
    mrsin
    Sued for Credit Card Debt, SOL Expires The Same Month as Answer Due
    I am new to the forum, but it seems you folks know a few things about this--I am being sued for an old cc debt by a lawyer for a collection agency. The last activity on the account was 9/2001. It is now 9/2007. SOL in NY is 6 yrs: Is it the beginning or end of the month that matters? Or is it the date I was served the summons that ends the time accrual? I was served a summons on 8/26/07. Are they still legally within the statute of limitations? Does it matter when I answer my summons? Since someone else at my residence received the summons (not me) can I take the full 30 days?

    Should I make a motion for discovery to delay the proceedings until after the SOL has truly expired?

    Thanks!!!
    Mrsin
  • 09-06-2007, 07:06 PM
    Betty3
    Re: sued for cc debt: NY SOL expires same month as answer due
    Quote:

    Quoting mrsin
    View Post
    I am new to the forum, but it seems you folks know a few things about this--I am being sued for an old cc debt by a lawyer for a collection agency. The last activity on the account was 9/2001. It is now 9/2007. SOL in NY is 6 yrs: Is it the beginning or end of the month that matters? Or is it the date I was served the summons that ends the time accrual? I was served a summons on 8/26/07. Are they still legally within the statute of limitations? Does it matter when I answer my summons? Since someone else at my residence received the summons (not me) can I take the full 30 days?

    Should I make a motion for discovery to delay the proceedings until after the SOL has truly expired?

    Thanks!!!
    Mrsin

    Hi. You are correct that the SOL on credit cards is 6 yrs. in N.Y. If they filed the lawsuit before the SOL ran out, then the SOL has expired is not a defense you will be able to use.

    You need to answer the summons in the 30 days given or they will get a default judgment against you.
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