Legal Question in Credit and Debt Law in New York
Credit Card
I received a summons in the mail on 5/16. Not hand delivered or receipt requested. Just placed in my mail box. The postmark on the envelope is 5/9.The summons is dated 3/14.
It seems I am being sued for a consumer credit transaction that was assigned by Citibank to the Plantiff. The summons indicates an account number I have no record at all of ever having. I had inquired with the three major credit report companies and have since received copies of my credit report from them. The account number indicated on the summons does not appear at all on any of these credit reports. I do not like to assume but wouldnt an account like this with a balance of over $2,000 show up on these reports.
Something doesn't look kosher here.
Please advise
3 Answers from Attorneys
Re: Credit Card
The account numbers on your credit report are transmutated numbers and not identical to the actual account numbers of your account. That is not to say the debt is valid or invalid. I would contact the plaintiff to obtain more information and retain an attorney to properly defend the lawsuit.
(This does not constitute legal advice and no attorney client relationship has been established.)
Re: Credit Card
The account numbers on your credit report are transmutated numbers and not identical to the actual account numbers of your account. That is not to say the debt is valid or invalid. I would contact the plaintiff to obtain more information and retain an attorney to properly defend the lawsuit.
(This does not constitute legal advice and no attorney client relationship has been established.)
Re: Credit Card
You cannot rely on Credit Reports, they have missing information all the time.
They have erroneous information even more often.
You sound pretty positive that it is not your debt. You need to file an answer to the lawsuit, your defense is that it is not your debt.
If it is not your debt you may be able sue them for a FDCPA violation (Fair Debt Collection Practices Act).
My firm handles defenses of consumer credit lawsuits in the Queens County Civil Court, as a regular matter. We also bring FDCPA cases in the Federal Courts.
If you have more questions email or call.
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