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Collections Law/Sued in Lackawanna City Court


Hi Mr. Shear:

I hope you can help. I am being sued in Lackawanna City Court by a collection firm. I received the summons and complaint a few days ago. The lawsuit is over an old credit card I once had. I think the collection law firm is representing a debt buyer, not the original credit card company. It was perhaps 3 or 4 years ago was when I lost my job and I stopped paying on the account. I was wondering if I could use a statute of limitations defense. However, I am not sure how to go about it or how to answer the collection lawsuit? Can you help me? I live in Lackawanna, NY.

Good question. Particularly when a debt buyer is bringing a collection action, an important defense is the statute of limitations. A statute of limitations defense can be raised early in the case through a motion to dismiss, if the failure to timely file is apparent on the face of the complaint and the complaint's attachments.

Another option is to raise the failure to timely file as an affirmative defense in the answer and raise it again through a summary judgment motion or at the trial. You may also bring a Fair Debt Collection Practices Act (FDCPA) counterclaim or a separate affirmative action based upon the debt collector's filing of a lawsuit whose statute of limitations has already run.

Hope this answers your question. Contact me if you require additional help!

Jason A. Shear, Esq.
Law Offices of Jason A. Shear
New York Consumer Lawyer
561 Ridge Rd.
Lackawanna, NY 14218
Phone: (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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