Legal Question in Credit and Debt Law in New York

NYS - I was served with a summons and complaint about 2 years ago for a debt collection action from an out of town law firm. I responded with an Answer and raised about every defense I could find. Since then, i have not heard anything.

How can I get this dismissed? I was going to file an RJI and a motion to dismiss for failure to prosecute. Is that the best way to go about it?

Thanks for any advice!


Asked on 3/16/11, 7:03 pm

2 Answers from Attorneys
Paula McGill Attorney at Law

First, call the court to determine the status of the case. Thereafter, you can file the motion for the company's failure to move forward. The court may do it on its own, but its not worth the risk of having the attorney reopen the matter before the court dismisses it.

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Answered on 3/17/11, 11:18 am
Andrew M. Doktofsky Andrew M. Doktofsky, P.C.

If your case is in Supreme Court, look at Civil Practice Law and Rules (CPLR) 3216. It provides the procedure for dismissal for want of prosecution. You have to serve a demand by certified mail to the plaintiff's attorney demanding resumption of the action and to file a Note of Issue. They have 90 days to comply. If they do not, you can file a motion to dismiss. Also check the rules for the supreme court in the county that the case is pending in.

In practical terms, you may be better off leaving it be - the demand may simply remind them to proceed with the action.

If you are in a lower court - county or city - then you must consult the rules of that court.

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Answered on 3/17/11, 2:14 pm


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