Legal Question in Credit and Debt Law in New York
Stipulation of Discontinuance
I'm being sued by a law office in NY representing a creditor and I responded to the complaint with a letter indicating that if the debt was indeed valid that it was past the Statute of Limitations in my state for collection. The law office sent me a ''stipulation of discontinuance without prejudice'' form to fill out and return to them and the courts. What does this mean? My basic understanding is that this would dismiss this case but allow them to pursue action again in the future, not sure if thats correct. Also, should I even correspond with the atty? So far I haven't and waiting on response from the courts, would I be better served going to court to have dismissed since I'm absolutely sure its out of statute (3yrs open in AZ, debt from 2001) Is there any trickery involved in this that you can see?
1 Answer from Attorneys
Re: Stipulation of Discontinuance
"Dismiss this case but allow them to pursue action again in the future" is correct
Good Luck
RRG