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CREDIT DEFENSE ATTORNEYS
Each state has its own statute of limitations on debt - the amount of time the court will force you to pay a debt. The statute of limitations varies depending on the type of debt you have - credit card or loan - and is usually between three and six years, but is as high as 10 or 15 years in some states.
Before you respond to a debt collection lawsuit, find out the debt statute of limitations for your state so you can raise it as a defense if applicable. Find Your State and its statute of limitations on debt.
Navigating financial troubles can be overwhelming, especially when faced with lawsuits from old debt. But there’s some good news for consumers. In New York, the statute of limitations for consumer debt is governed by New York Civil Practice Law and Rules (CPLR) § 213, which states that actions to recover a debt must be initiated within three years from the date of default, which is typically 30 days from the date the payment was actually due. This significant change from the previous six-year limit means that many banks and other creditors may no longer have the legal grounds to pursue debts more than three years old.
The statute of limits is a complete defense against claims, leading to the potential dismissal of the case, regardless of the underlying debt. For example, in the case of Gonzalez v. American Express Co., 2019 NY Slip Op 30244(U), the court emphasized that the statute of limitations is a critical factor in determining the viability of a creditor’s claim, ultimately ruling in favor of the consumer due to the expiration of the statute.
At our firm, we strategically use this statute to defend our consumer (non-business) clients facing lawsuits from banks and other creditors, ensuring that those debts, particularly older ones, are effectively challenged and potentially dismissed. Understanding and leveraging the statute of limitations can be a game-changer for individuals overwhelmed by financial pressures, paving the way for a fresh start.
Posted 12/2/2017 5:38PM"The very best credit card defense attorneys ever...they got my money back for me..."
Mike P.
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Posted on 3/17/2016 Saved Me $75,000 for $2200! I am an attorney and law professor. I paid this law firm a total of $2200. I was being sued by Citibank in Manhattan. They beat the case and got it dismissed! I never have to pay Citibank.
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Posted on 2/10/2016 best in town...These lawyers are very good at getting cases dismissed. They saved me $100,000 in a Bank of America case.
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Posted on 9/13/2008...They got my money back for me...Our account was restrained, and this company got my money back, and for that, I am grateful. Dave & Patti H.
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Address:
244 5th Ave, 10001, New York
Phone:
(347) 783-9451
Email:
info@creditcarddefensecenter.com
No matter how large, famous or seemingly powerful the company is which is after you for money, the consumer protection and debt defense attorneys at The Credit Card Defense Center of NY are ready to come to your defense today.
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Our experienced debt defense attorneys offer an aggressive debt collection defense with more than fifty years of combined experience and a proven track record of success when it comes to handling consumer debt lawsuits.
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Contact us today to consult with an attorney about debt defense anywhere in New York State.
Here are some of the types of lawsuits we've handled:
ALL RESULTS ARE
A MATTER OF THE PUBLIC RECORD
CAPITAL ONE BANK sued my client for $32,000 in July, 2017 and I struggled with the bank for a 2 years and 4 months while my client paid $00 to the bank during this time. My client was able to save money during this “Quiet Period”, allowing us to forge a settlement with Cap One in December, 2018 for a $14,000 one-time payment, thereby saving my client $16,000. DISCOVER finally agreed to accept $4800 to resolve this matter once and for all. Case ID: StarCase
üSupreme Court – New York County (August., 2019): AMERICAN EXPRESS sued my corporate client based in Texas in New York State Supreme Court in Manhattan for $395,000. I fought off American Express for exactly one year, give or take a day or two. After hours of negotiation and courtroom litigation, resulting in a negotiated settlement for a one-time patent of $130,000 to be paid within 24 hours of the settlement. Result: Corporate client saves $265,000 off his Amex bill and case is closed. Client okays under $10,000 in legal fees for this feat. Case ID: ComMEch.
üCivil Court – New York County (August., 2019): CITIBANK, NA went after my 75-year retired business man client with a vengeance of approximately $5,0000 on his Citi Card. The well-known collection firm assigned to this case aggressively brought on a motion in Civil Court to attempt to obtain a judgement against my client. I fought the case in Court for exactly two years, during which time my client paid nothing ($00.))) to Citibank during this time. Eventually, I, able to settle the case for the sum of $2400, payable at the rate of $100 per month for 24 months, a more affordable sum for my client. Case ID: LOuD
üSupreme Court – Putnam County (May., 2019): AMERICAN EXPRESS sued my fireman client for $65,000 after he got behind over unexpected expenses while building his upstate dream home and his wife suffered some temporary medical complications requiring planned home care after an eventful pregnancy. I struggled with AMERICAN EXPRESS for months and obtained assistance from an understanding Court in allowing my client enough time to get his finances together and make a payment plain. We were finally able to work out a disposition satisfactory to both sides that required my client to pay $40,000 within 30 days, which payment ended the case once and for all. Result: Client saves $25,000 off his Amex bill. Happy family ending too. New home finished, baby & mom safe and well. Client back to work as a good public servant. Case ID: Fireshield üSupreme Court – Kings County (April., 2019): Defaulted Students Loans are very troublesome. My client was sued in April, 2018 by NATIONAL COLLEGIATE STUDENT LOAN for $12,500. At the time, he was in between jobs and has young children. And his mother, a home owner with her home now at risk, was the co-signor. So, of course she was sued as a co-defendant. I stepped in, controlled the case, and stopped the entry of a judgment. Then, I defended the case for 10 months on behalf of my client and his mom. Case settled quietly with no muss and fuss for $8500 with payments of $175 a month for 48 months with no interest. Client happily saves $4,000 and a bunch of aggravation.
üCivil Court – Brooklyn (March., 2019): MASON INTERACTIVE, an internet design firm, had a default judgment against my client for approximately $30,000 in Civil Court, Brooklyn. I brought an Order to Show Cause and got a judge’s signature stopping the City Marshal, releasing the client’s bank account and vacating the judgment. I negotiated a settlement of $12,000, payable over 3 payments, saving the client approximately $16,000 after fees & costs. Case ID: InjMoh
üSupreme Court – Broome County (March., 2019): AMERICAN EXPRESS sued client and his corporation starting in 2015 for unpaid credit card bills. I struggled against AMERICAN EXPRESS for 3.5 years because the client had many good faith disputes that had not been fully addressed by AMERICAN EXPRESS. After refusing to resolve my client’s legitimate disputes in their favor, AMERICAN EXPRESS sought $130,000 in a lawsuit right in Supreme Court Broom economy. After court appearances and many court payments I were finally able to resolve the $130,000 case for a settlement of $45,00 in a one-time payment. That settlement payment was made easily by bank wire and, consequently, the client saved approximately $90,000, even after accounting for legal fees Case ID: Silsbee
üSupreme Court – Suffolk County (Feb., 2019): AMERICAN EXPRESS wants $45,000 from my client and sues just as he is having unexpected financial difficulties in his start up business. AMERICAN EXPRESS is kept under control for nine months so client can gather his wits and his funds. Case settled in February, 2019 for $20,000, payable with $15,000 down and $5,000 payable one month later. Client saves approximately $22,000 including legal fees. Case ID: Bender
üSupreme Court - Manhattan (Nov., 2018): NATIONAL COLLEGIATE STUDENT LOAN sued my working mom client for $46,000 nearly 5 years after her last payment on a student loan. But the suit was filed too late & in violation of the statute of limitations. Before trial, I brought on a motion (a written request to the court) to dismiss the case. Upon review of my motion, National Collegiate agreed to dismiss the case. Out client walked away paying nothing to this creditor, saving more than $46,000. Case ID: Angelina
üSupreme Court - Manhattan (Nov., 2018): AMERICAN EXPRESS sued my cash poor asset rich client two years ago for $30,000. Client settles for a one-time payment of $15,000 this month, after finally receiving his inheritance, and the case is over. Client was able to save more than $13,000 including legal fees and a bunch of aggravation in the process. Case ID: Mark
üSupreme Court - Nassau (Nov., 2018): AMERICAN EXPRESS sued my police sergeant client for $41,803.04 in June 2016. I fought AMERICAN EXPRESS in Court for 19 months. My client paid nothing to AMERICAN EXPRESS during that time. Client was able to save $23, 000 to pay off AMERICAN EXPRESS during that time. I ultimately settled in March, 2018 for $22,000, shaving $19,803 off his AMERICAN EXPRESS bill. Client paid 4.7 % of the outstanding claim in legal fees and, therefore, saved a net $17,803, even accounting for legal fees. Result: Client saves a net $17,803 even after legal fees Case ID: Brian
üSupreme Court - Manhattan (Oct., 2018): AMERICAN EXPRESS sued my upper west side designer & condo owner for $35,000 in Nov., 2016. I litigated against AMERICAN EXPRESS for 15 months while client paid $00.00 to AMERICAN EXPRESS during this time. $21,000 Settlement. Client had saved $24,000 to pay off AMERICAN EXPRESS, shaving $11,000 off his AMERICAN EXPRESS bill and avoiding a lien on his Central Park West condo. Result: Client saves $11,000.
Case ID: Adam
üSupreme Court - Manhattan (Oct., 2018): AMERICAN EXPRESS wanted $25,502.94,000 from my soon-to-be-divorced mom with minor children. After a year of litigation, AMERICAN EXPRESS demanded a one-time payment of $17,000 to settle the case. Clients owns property, has a good profession but no support from soon to be ex-husband and in divorce court. AMERICAN EXPRESS settled for $15,000 payable over 15 months. Client was charged a fee of 5% of the outstanding amount and saved over $10,000 off her AMERICAN EXPRESS bill. Result: Case ID: Eileen
üSupreme Court - Manhattan (Oct., 2018): AMERICAN EXPRESS wanted $550,000 from my corporate client and, after a year of litigation in Court, got exactly nothing. Client offered $200,000. American Express foolishly refused, insisting on a settlement payment of $400,000. They got exactly $00.00. Attorney fee for Client was only 2% of the outstanding amount and walked away paying American Express nothing. Client saves 100%. and pays $00.00 to American Express. Case ID: HC1
üSupreme Court - Westchester (Dec., 2017): AMERICAN EXPRESS wanted $16,746.17 from my small business client (trucking) and started the lawsuit in July, 2016. Sixteen months later, case settled for a $8,534.00 one-time payment, ending the matter once and for all, saving 50% in the process. Client was charged a total fee of 7% of the amount being used for in the lawsuit. Client saves 50%. Case ID: Bill R.
üSupreme Court - Suffolk (Dec., 2017): AMERICAN EXPRESS sued for $10,218. Eleven months later, the case was settled for $6,134. Client saves approximately 40%. Result: Client saves 40%. Case ID: SuDr1
üSupreme Court - Manhattan (Dec., 2017): AMERICAN EXPRESS sued my client, a small, hard working self-employed business man, for $44,120.83. Eight months later, case settled for $30,000 payable over 12 months, saving client approximately 32%. Result: Client saves 32%. Case ID: LoDe1
üNYC Civil Court - Manhattan (Dec., 2017): Original creditor BANK OF AMERICA sues my client in two different cases at the same time for a total of for $30,600. Six months later, case settled for $18,000 payable over 24 months, saving the client 41%. Result: Client pays exactly $30,000 to AMERICAN EXPRESS. Case ID: LoDe2
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