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
Re: sued for cc debt: NY SOL expires same month as answer due
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mrsin
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.