Legal Question in Credit and Debt Law in New York

Can I use SOL as my defense at a Traverse hearing after the default judgment was vacated due to improper service?

I defaulted on a loan in 2004 and was sued by the creditor in 2007. In December of 2012, I was granted a motion to vacate the default judgment because I was not served properly. Now, I have a "Traverse hearing" scheduled for January 2013. Since the loan was defaulted in 2004, can I use the Statute of Limitations as my defense? In NYS, a creditor has 6 years to file suit. Obviously, they filed suit in 2007 but as mentioned above, I was not served properly and will now attend a hearing nearly 9 years after the original default.


Asked on 1/10/13, 6:21 pm

1 Answer from Attorneys

David Slater David P. Slater, Esq.

yes

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Answered on 1/10/13, 7:53 pm


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