Credit Card & Debt Collection Defense
Rozen Law Group fiercely defends consumers from lawsuits filed by debt collectors. Don't let debt collectors bully you into paying a debt that you don't owe or that is for an amount of money that far exceeds what you might owe. We've met with consumers that are roped into paying sums that third party debt collectors aren't even legally entitled to collect.
Sometimes debt collectors attempt to recover money from consumers despite the fact that their time to file suit may have expired under the statute of limitations. Jennifer Addonizio Rozen of RLG was able to get one such case dismissed by arguing that the shorter 3 year Virginia statute of limitations should apply, rather than New York's 6 year statute of limitations. The Manhattan Civil Court ultimately found that the Court of Appeals case, Portfolio Recovery Assoc., LLC v. King, 55 A.D.3d 1074 [3d Dep't 2008] applied. In that case,, the highest court found that New York's borrowing statute, CPLR 202, should have been applied. The borrowing statute requires that where a non-resident files a claim that accrued outside of New York, the lawsuit must fall within the statute of limitations for both New York and the state where the cause of action accrued. The intent behind the statute is to prevent non-residents from forum shopping and filing suit in the jurisdiction that has the longest statute of limitations. Check out the full decision here.
If you are sued on a debit, it is imperative that you either appear in court to answer the summons and complaint or that you hire an experienced attorney to do so for you. Failure to respond at all to the lawsuit will result in a judgment being entered against you. If a creditor gets a judgment against you, they could attempt to take money from your bank account or garnish your wages.
If you are sued by a creditor or a third party debt collector that you've never even heard of, you should contact or office to discuss your defenses. We've handled hundreds of these cases and can tell you exactly what to expect in court.