Q: I live in N. Y. and owe Capital One $20,000 in credit card debt.Rubin & Rothman representing them.whats the s.o.l
I received and answered a summons from Lubin & Rothman a N.Y. Firm 10/2010. They made me an offer 7/2015 to settle.Am I past the statue of limitation and therefore not obligated to pay?
A:
The statute of limitations determines how long a creditor (or other plaintiff) has to file a case. Once the case has been filed, as you say happened here in 2010, the statute of limitations is no longer at issue. There may be other issues, but without knowing what has occurred in the case in the interim, it would be impossible to guess at what defenses you might have or whether or not you'd be likely to prevail.
If you are interested in learning more about your possible defenses before making a decision about the settlement offer, you should speak with a local consumer lawyer and let him/her review the lawsuit and other relevant documents.
*David Levin is the Partner in charge of UpRight Law's consumer rights litigation department. UpRight Law is a national law firm with licensed attorneys providing bankruptcy and consumer legal services in all 50 states. He is licensed in Illinois, Ohio and West Virginia, as well as several United States District Courts. He has 22 years of litigation experience, the last 18 of which have been focused on consumer rights litigation. This response is for informational purposes only and is not intended to be legal advice. For legal advice, consult an attorney licensed in your state with the appropriate expertise.
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