Asked about 1 year ago - White Plains, NY
FlagThe lawyer for the collection company was not original lawyer that got the default judgement in 2004. So I guess he could not speak for how I was served? They were a no show this morning. Judge dismissed the case but I could not get her to do it with prejudice. Can I be served again to pay this debt or does statue of limitations in both state take effect. California (4yrs) is state where credit card company and I from New York (6yrs). Defaulted card in Sept. '99
This is a stale debt because of the statute of limitations. However, if the lawsuit was not dismissed with prejudice then they can refile the suit and you can file an affirmative defense because the statute of limitations expired and then it would be decided on the merits and they cannot refile again. Likely they wont refile if they know the statute of limitations expired, but you never know.
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