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Collection Agency filed summons one month prior to SOL expiring
I just found out that Credigy and Associates filed a summons in kings county courts for an old debt that they purchased from another collection agency (not the original creditor). The SOL expired December 2000, however I just found out that they filed the summons in November 2006 (SOL is 6 years in NY State). I was never served... I have sent credigy at least 3 Debt Validation letters before they filed last November, but they never responded. Should I answer the summons, since I now know about it or is it too late? Can I use the SOL expired defense, since I was never served because it is now beyond six years? Or, should I use the 'need to see original contract with my signature' defense in court since I have sent them numerous validation letters. Any help will be appreciated!
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Yes, defend the action against them, if you have not been served with notice from the court, the court connot have jurisdiction over the matter or you.
Since they have failed you validicate the debt you can use that against them, for a unvalidcated claim. Demand produce of the original contract since that will be the only way they can prove their claim. Also read this post: https://www.askmehelpdesk.com/bankru...ack-68213.html |
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