Legal Question in Credit and Debt Law in New York

Re: summons

you have to go to the courthouse mentioned in the summons and complaint and file an ANSWER...if you think the SOL has run you MUST state so in the answer or you waive that defense. DON"T DELAY!

Re: summons

The formula for pleading the statute of limitations is:

AS AND FOR A [FIRST] AFFIRMATIVE AND COMPLETE DEFENSE:

Plaintiff's cause of action did not accrue within the six years next preceding the commencement of this action.

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Re: summons

That is good luck for you. But you must also inform the court or a judgment will be issued.

Deliver an 'answer' to the court in which you indicate that the statute of limitations has run and ask for dismissal of the action.

The courts often do not read such a response and the action will continue. You may be required to make a motion for dismissal to the court.

My recommendation is: call up the lawyer for the other side and tell them the action is stale and ask that they withdraw the action. if they do not, you will hire a lawyer and ask for an order for them to pay your legal fees.

2. Make an answer which indicates the statute of limitations has run.

3. wait for them to make the next move. You can avoid some court fees that way.