Legal Question in Credit and Debt Law in New York
motion to file summary
i was served a summons on 10 yr old debt,i answered summons that statute of limitations has expired.a month later i recieved inthe mail a copy of motion to file a summary judgement.what is the next step i should take and what options do i have.
2 Answers from Attorneys
Re: motion to file summary
You need to file an opposition and a cross motion. The opposition is that the debt is old and you need to recite that you do not owe the money or a legal defense to owing it. The cross-motion is that the debt is old and beyond the statute. Depending on the amount of the debt, it might be worth hiring an attorney.
Good Luck
RRG
Good Luck
Re: motion to file summary
They are not giving up! However, that does not mean that they will win.
You need to answer the motion. Just write out that the debt is 10 years old and deliver a copy to the opposition and the court. That should be sufficient.
Then make a motion to dismiss the action. This is a motion made on notice.
I can draft the documents for you for 250.00. It is a simple matter and it should end there.
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