Legal Question in Credit and Debt Law in New York

A year ago I closed my subchapter S corp. Never showed a profit after 6 years. Today, I received a summons from a credit company to settle a debt (just under $20K). My bookkeeper claims she hasn't heard from them since 2007, the date she stopped making payments (for reasons unknown to me). What is my best course of action in this case?


Asked on 9/03/10, 10:33 am

2 Answers from Attorneys

Jack Hall Hall Bankruptcy Services

Call me. I can explain to you how you can assert limitaions and the doctrine of laches as a defense. This would be much easier to explain on the telephone. You can call me at the number listed on my bio at this web site or you can call me anytime, including this weekend, if you wish, at this number nine one five two six one three eight nine three

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Answered on 9/11/10, 9:41 am
David Ganje Ganje Law Office

You present a basic question regarding an account due to one of your creditors. The Subchapter S status of your business appears to have no relation to the account issue. The account relationship itself is the source of your obligation. We should first establish the legitimacy of the claim. That would be done directly with the credit company. No summons should be left unanswered as a default judgment would be taken against you. I encourage you to contact my office for consultation and strategic advice.

This answer is provided for your information only to help you understand some of your legal rights. It should not be relied on as legal advice because it is not a substitute for the full consultation and advice of an attorney. Nothing contained in my comments constitutes the establishment of an attorney-client relationship.

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Answered on 9/14/10, 6:17 am


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