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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102348
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My son received a summons from the sherriff department to

Customer Question

my son received a summons from the sherriff department to pay a credit card that a lawyer sent that is over 6yrs old . How do I handle this? Thank you
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Can you please clarify:

1) Who is the Plaintiff?

2) What state does your son live in?

3) What state is the Plaintiff in?

4) Is the debt real? Or not? Or what is the background on this?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
The debt was a $300 credit card he received when he was about 18 yrs old. He is now 28 yrsold and told the credit card company not to call him any more about 8 yrs ago which they stopped. Just last week we got a letter from the sherrif demanding $ 2000 plus. The debt is real My son lives in New York. The attorney is from New York.
Expert:  Ely replied 1 year ago.

Thank you. The statute of limitations for credit card debt in NY is 6 years, going from last time payment was made, debt was admitted to in writing, or when the account went into arrears - whatever is latest.

So assuming that this is past statute of limitations, someone in his situation wants to file two things:

1) A answer that makes a general denial but also mentions the statute of limitations, and

2) A Motion to Dismiss based on statute of limitations.

An answer example may be found HERE. You can read more about Motion to Dismiss at CPLR 3211.

The Answer must be sent to the court, and to the opposing party's attorney via certified mail, return receipt requested. Same with the motion. He may have to call the court to set the motion for a hearing.

He has 20 days to respond when service is by personal delivery, or 30 days if this was by mail.

By filing an answer, he avoids a default judgment. This will then place the case unto trial track, and then give the parties time to negotiate if he cannot get the case dismissed by statute of limitations argument.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.