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Collections Law/Being sued by Atlantic Credit & Finance


Hi Mr. Shear,

I have a question. I was sued by Atlantic Credit & Finance in the city court where I live. Atlantic Credit and Finance claims they bought the rights to a defaulted credit card I once had.

I'm pretty sure the account is old. But I'm not sure when I fell behind on the account. I read some of your posts that the statute of limitations can be a defense. How do I determine if the statute of limitations expired? Thank you! I live in NY State.

Dear Ron:

Good question. When computing whether the statute of limitations has run, it is not always easy to determine the date of default. Because the date occurred years ago, a consumer such as yourself is unlikely to have records as to the first date of default. A debt buyer such as Atlantic Credit & Finance may not have records or documents showing this date either. This is a reason why the collector's proof should include billing statements.

You can start developing your defenses by closely examining Atlantic Credit & Finance's pleadings and any attached documents. If Atlantic Credit & Finance is claiming a later date of default, its own pleadings, affidavits, and other documents may indicate an earlier date. The date of default can also be inferred from the charge-off date, if they provide that date in any of its documents. The charge-off date, under OCC standards, is supposed to be 180 days after the account becomes delinquent. Thus a reasonable assumption of a default date is 180 days before the charge-off date.

You should also look at your credit report to see what is the last payment on the account reflected in the credit report. Do not confuse the charge-off date which may be indicated there with the date when the debt went into default.

Hope this gets you on the right track. Please contact me directly if you require additional help.

Jason A. Shear, Esq.
Attorney at Law
New York Consumer Rights Lawyer
(716) 566-8988

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Jason Shear, Esq.


I can answer questions for residents of New York and New Jersey regarding creditor harassment claims under the Fair Debt Collection Practices Act (FDCPA); credit reporting errors under the Fair Credit Reporting Act (FCRA); debt collection defense/credit card defense; student loan law; and consumer class actions. I can also answer questions relating to consumer debt defense/collection agency defense, specifically pertaining to consumers being sued or harassed by collection agencies or NY collection attorneys. If you live in New York and have been contacted or sued by firms such as: Mel Harris & Associates, Forster & Garbus, Rubin & Rothman, Choi Law Office, Lacy Katzen, Malen & Associates, Solomon & Solomon, Daniels & Norelli, Cohen & Slamowitz, Pressler & Pressler or others; give us a call at (716) 566-8988.


I have obtained settlements for consumers in NY and NJ under the FDCPA and FCRA. I have successfully defended consumers who were sued by collection agencies/debt purchasers in the New York State courts.

National Association of Consumer Advocates (NACA) Law Offices of Jason Shear Consumer Attorneys 3957 Main Street, Second Floor Buffalo, New York 14226 (716) 566-8988

BA/BS, Accounting & Political Science, Hunter College. Juris Doctor, Univ. at Buffalo Law School. LLM (Criminal Law), University at Buffalo.

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