Re: civil court date

Posted by Why Chat (209.240.198.61) on November 15, 2002 at 06:19:02:

In Reply to: civil court date posted by babs on November 15, 2002 at 02:49:16:

The SOL in N.Y. is 6 years.
This means that if your last payment to the original creditor was more than6 years ago, you can state the civil suit is beyond the Statute Of Limitations.

Before you get to that point, you will have a preliminary mediation hearing. At THAT time the collection agency has to show PROOF that the account is yours.
Proof should include account statements from the original creditor (Gulf State is another collection agency) and a copy of your signed application.

If they cannot produce them,they will likely STILL push you to admit the debt is yours and ask for a settlement.

If they have a copy of the account,it must identify the original creditor and indicate when your last payment to them was made,if that date is more than 6 years ago,you MUST at that time state VERY FIRMLY that THEIR OWN records show that this ALLEGED account is beyond the SOL.

They will try very hard to prevent you from having a hearing in front of the Judge, DO NOT GIVE IN. If it goes to a hearing immediately,and you are asked if this is your debt,simply state I DO NOT KNOW, (if they had no proof)

If they had proof, but it is beyond the SOL, simply State,THEIR RECORDS show that this account is beyond the SOL.

IF at the preliminary hearing, they have proof it is your account, AND it is within 6 years, THEN you can enter into a mediated settlement wth a payment plan.

You must appear at the court AND make sure your appearance is on record with the court clerk.

The statute for SOL for NY is on my website/ There is also a link on how to answer a lawsuit.

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