Legal Question in Credit and Debt Law in New York

Law Suit from Credit Card

I have an old credit card debit from my 1st wife, she got the car and I got the bills. Anyway, it is over 6 years old, Isn't there a statute in NY where that is over the limit?

And they are also trying to make me go to city court in a different county from where I live. Can't I get out of this from Wrong Venue?

I know this sounds bad, but I am paying child support, and yes, it was my chose to make my sons, but I have a new family now too.

Can anyone help? We just don't have the means now, to pay off this old bill.


Asked on 11/11/08, 9:38 am

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Law Suit from Credit Card

The limitations period is 6 years from the date the amount was due under the terms of the card.

Furthermore, if the debt is from a consumer credit transaction, the jurisdiction must be in the county where the debtor resides.

However, if you received a summons and complaint (or notice or endorsed complaint), you must file an answer. The answer must have an affirmative defense of "Statute of Limitations" and "No personal jurisdiction". You cannot ignore the legal documents.

Mike.

Read more
Answered on 11/11/08, 9:50 am


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in New York