credit card debt lawsuit
Credit card debt lawyer in NY?
Does anyone know of any lawyers in NY that deals with credit card debt lawsuits? Just got a summons today but the credit never send me a validation letter, and I’d like to know my options. Thanks.
You might click on my profile and click on the naca link I have listed (National Association of Consumer Advocates)
Look for an attorney in your area that works in the consumer credit field.
Many lawyers give free first consults, be sure to ask about that when you call to set up an appointment.
If you are past the collecting SOL (6 years in NY) you might file a counterclaim for them filing on a time barred debt.
You “might” also be able to counter sue under the FCRA if the collector is reporting “incorrectly” and you can prove that you have suffered damages because of their reporting – denied credit, required to pay a higher interest rate, etc.
NY also has their own version of a FCRA that you may be able to claim on.
Take your credit reports and any other info (denial letters, etc) with you when you speak to an attorney.
Under the FTC FDCPA, collectors must cease all collections (including suing) when verification/validation is requested within the first 30 days of the first contact from the collection agency.
If it is requested outside of the first 30 days then collectors do not have to cease collections until they respond.
NY has it’s own version of a FDCPA that may require a collector to cease collections when verification/validation is requested.
Bring that point up if the lawyer does not mention it.
Collectors must be licensed in NY to collect. Check and see if they are licensed.
Call the New York City Deparment of Consumer Affairs
Legal Department and ask.
Take “everything” with you when you see the lawyer.
Copies of your credit reports, if you disputed with the CRA’s then take copies of your disputes, copies of “every” letter the collector has sent you (never know, there may be a violation in the letter), if you’ve suffered damages because of the reporting then take whatever proof you have of that, if you filed complaints with any agency (BBB, AG, FTC) take copies of the complaints, etc., etc., etc.
