Legal Question in Credit and Debt Law in New York
small claims court
if i am being sued for a promissary note from 2001....yet no attempt has been made to claim money in 6 years........how does ''cliaming latchers'' work and can i use it as a defense.
Asked on 8/06/07, 9:01 pm
1 Answer from Attorneys
Alani Golanski
Alani Golanski, Esq.
Re: small claims court
The statute that usually applies with regard to promissory note disputes is CPLR 213, which ordinarily provides for a 6-year period within which to bring an action on a default. It's possible though, depending on the circumstances, that you may have a defense, not necessary "laches"; perhaps an estoppel of some sort, a more traditional contract defense, or some other insulation against liability depending upon the language of the note or the circumstances.
Answered on 8/08/07, 10:22 am
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