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#1
10-28-2008, 02:29 PM
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Statute of Limitations on 1996 Credit Card?What is the name of your state (only U.S. law)? New York I recently found out that a law firm received a judgment against me on a credit card which I last used in 1996 and thought I paid off (I do not have the paperwork to prove this). I am disabled and this law firm froze all my bank accounts. I cannot buy medicine, food, pay bills, etc. Is there anything I can do about this or what should I do? This is very scary. P.S.: After researching this particular law firm, I read many horrible things about them including the words King of Freeze. They did up old and illegal accounts and try to get a person to pay them. Carly |
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#2
10-28-2008, 03:43 PM
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| The date you need is the day the judgment was granted. Then we can determine if you have an SOL defense. As far as the SOL on the original debt, that point became moot once the judgment was granted.
__________________ If you feel my answer is rude, mean, snarky or in anyway not to your liking, I did my job. You don't need to tell me. No private messages, I do not reply to them. |
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#3
11-03-2008, 03:26 PM
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| Hi, thanks for replying. The day the judgment was entered was year 2005 (I requested that this law firm sent me this information). So that is 9 or 10 years after I had this credit card. Is this legal for this firm to go after me and freeze my bank accounts? Thanks. |
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#4
11-03-2008, 03:29 PM
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| Yes, it's legal. Your time to argue SOL for the cc debt was at the court proceedings in 2005.
__________________ * * The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision. Communication is KEY - 10 mins of talking now can save you months of headaches later! Masterfully stating the obvious to the oblivious! (Thanks SP!) Tell it like it is! When all else fails, make up a statistic!  Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to) |
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#5
11-03-2008, 03:32 PM
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| Thanks. This law firm never sent me any papers. They called me up and I asked them to send me the paperwork. Can I still go to court to fight this? |
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#6
11-03-2008, 04:36 PM
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| Quote:
__________________ Dang the Persephone for eating those pomegranate seeds. It is because of her urge to snack that we must suffer through the winter that will soon be upon us.  |
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#7
11-04-2008, 05:22 AM
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| Research how and where you were served. If you never recieved anything about the date of filing, you may be able to vacate the judgement. If you are on disability and you are getting SSI, you may be able to go to court and ask for an unfreeze if your only income in the bank account is social security. You may also be able to contact the law firm and ask about payment arrangements. They may be able to work with you to arrange a payment plan of some sorts or agree to an unfreeze if you offr a reasonable payment plan. |
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#8
11-05-2008, 09:07 PM
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| Generally speaking, judgments in NY are affective for 20 years. However, if you owe a debt you should pay it and not try to "run out the clock". If you have a legitimate defense, you can file a motion to vacate the judgment and have the case reheared. This is particularly true if the service was not in person (e.g. "nail and mail") and the judgment was by default. However, I must emphasize that you should only attempt to reopen the case if you have a bonafide defense- fraud, already paid, etc. If not, you are going to find yourself being liable for the other sides attorney fees for frivolous litigation. |
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