SOL and Not receiving a summons for 10 years

[Fred_BK]

What is the name of your state? NY

If I get a summons because of a credit card company is trying to sue me but I do not respond to the summons order, and stay absent for 6 consecutive years, then could I still make use of the SOL?

What if I never received a summons because of change of address or for being out site the country and I stay absent for 10 years, then could I still make use of the SOL?

 

[GaAtty]

GaAtty

If you actually received the summons and failed to respond, you are too late. You are in default, because you did not answer within the required time, and the creditor probably has already gotten a default judgment. If you had not gotten the summons at all, then it would be different. Once you have been served, however, you must respond within the required time.

 

[Fred_BK]

Do creditors usually sue within 6 years?

So how could one make use of the SOL if there are summons in the 6 years?

Also, is it very likely that a creditor sues within the 6 years?

 

[Ladynred]

Yes, and if a judgment has already been rendered against you, in NY that judgment is valid for 20 years !

 

[Fred_BK]

SOL for a CC judgement that was issued 20 years ago

So if the summon is never received by me at all, then I am safe after the 6 years?

If I don't do a proper change of address to a foreign country for example, then after 10 years when I enter the USA, thenI would be eligible to make use of the SOL?

Also, after 20 years, the judgment could never be renewed?

 

[Ladynred]

No, it doesn't matter whether you RECEIVE the summons or not, the fact that they actually FILED the lawsuit before the SOL runs out means you're screwed. Leaving the country will have the effect of 'tolling' the SOL, actually putting it on hold and when you return, it starts up again.

Once the 20 years runs out, a judgment is dead, cannot be renewed again in NY.