Jaram79 Posted December 25, 2007 Report Share Posted December 25, 2007 Hey all, In 1999, I opened a cc and in 2000, it went into collections. I only made one payment on it the following year, and it bounced around collection agencies until it found itself in a law firm last year. Originally, I made a payment arrangement at the time in agreement with the CA, and he ultimately changed it afterwards. After looking at your website, I realized that I made the payment after the statue of limitations. As you know, in NY the SOL is 6 years. I didn't make anymore payments, and it bounced to yet another law firm. I received a letter by another law firm stating that I'm going to be sued, and the law firm that now has my cc account sent me a copy of an original summons, which was supposedly sent to my house but I never received it. The summons didn't state a court date although it was filed on 9/23/07 & I didn't receive a copy of it until towards the end of October. I went to the courthouse and found out that my court date is tomorrow. I looked at my CR's and notice that the CC account is no longer on my CR as of this year. I don't know what to do. Please help!!!! Link to comment Share on other sites More sharing options...
hiblues Posted December 26, 2007 Report Share Posted December 26, 2007 you need to show up.... period!have you made an actual payment in the last six years?.I made a payment arrangement at the time in agreement with the CA, and he ultimately changed it afterwards.did you make a payment? when?if no.. than it may be OOS (out of statute) and that is your absolute defense,...however a promise to pay may re-set the SOL too.if the SOL is still in effect.. work out a payment arrangement (in writing) with themoutside the court room.do not let them to get a judgment against you, that really is bad on your CR. Link to comment Share on other sites More sharing options...
Jaram79 Posted December 27, 2007 Author Report Share Posted December 27, 2007 I went to the court, and I was given an answer in person and verification and purpose form to fill out and return. Although the cc was opened in 1999 & went into the collections in 2000, it was SOL. The account no longer is on my credit reports. I made a payment in Aug. & Sept. 2006. I definitely wanted to show up to the court to avoid any possible judgment on my cc. Link to comment Share on other sites More sharing options...
EdwinRamos Posted December 28, 2007 Report Share Posted December 28, 2007 I don't think you can reset the clock in New York for the payments you made in 2006, the only way I see in New York, in reseting the clock is leaving the state and/or remaining within the state under another name/identity.I surely hope you mentioned the absolute defense of this account being out of Statue in regards to SOL, in the paperwork you filled out while at Court.Please keep us updated on the status.... Link to comment Share on other sites More sharing options...
hiblues Posted December 28, 2007 Report Share Posted December 28, 2007 I definitely wanted to show up to the court to avoid any possible judgment on my cc.just showing up doesn't stop a judgment - paying or having anabsolute defense does.IIWYIW do a serious investigation into what EdwinRamos said and eventalk to a lawyer.... Is There a Lawyer in the House section of tis forum. Link to comment Share on other sites More sharing options...
Recommended Posts