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  #1  
Old 12-02-2002, 09:20 PM
bert meadows
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old credit card debt?


What is the name of your state? new york

today (12/2) my bank accounts were blocked due to a judgment
against me.

So i called the law firm and they informed me the judgment was
for a defaulted credit card account. the attorney also give me the
account number. i called the credit card company, with whom i have an account and they told me, i was not in default and that
the account number given to me by the attorney did not exist.
i also check my credit report, no matching account number either.

now in 1987-88 i defaulted on several credit cards. i believe,
(lack of records) i pay them all off completely or cents on dollar
payment. if it is an old debt is there a statute of limitation on
credit card debt? what do i need to do to remove this judgment
with no ill effect on my credit report or with my bank?

thank you in advance nyc
  #2  
Old 12-03-2002, 08:17 AM
Senior Member
 
Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
Yes, there IS a statute of limitations on credit cards and in NY it is SIX years ! If you've been sued for one of those old,old debts, then you could have avoided the entire thing BEFORE they won the default judgment.

Were you served papers ? Had you received anything that indicated some CA was attempting to collect ? What you need to do now is call the court and get copies of the judgment and the proof of service. You MAY be able to get the judgment vacated if you were not properly served. Its also possible you can appeal it if service was legal but they claim to have served you somewhere else (have you moved ?)

If you had caught this before the lawsuit, you could have used the expired SOL has your affirmative defense, by law the thing is time-barred, but you have to assert the SOL, its not automatic.

Call the courthouse and get the details, then proceed from there.
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  #3  
Old 12-09-2002, 12:35 AM
1woody1
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details please


Ladynred

Im in a similar situation as this fellow, except I just recieved an attempt to collect letter for a claimed debt to a credit card company and according to the CA the last reported activity was in 1990. I have a credit card from this company active and dont recall the debt, but I did have a couple of charge-offs in the late 80's and it is possible that this is one of them. The letter comes from a CA that states that they haved purchased this account from another collection agency that Ive never heard of, neither being the credit card company in question. I guess I have 30 days from last week to respond to them. I suppose their next step if I choose to ignore is that they will go after a default judgement. Im in California. What is the SOL here? and what is the proper procedure to officially respond to this letter AND invoke my right to invoke the SOL on this item? any help is appreciated.

woody
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