Legal Question in Credit and Debt Law in New York

credit card law

Could someone tell me how to write a ''motion to dismiss'' due to statue of limitation and wrong residence venue?

I just don't have any money to hire a lawyer right now, I need help desperately, what do you do if Free Legal Aid is booked for a year and 1/2


Asked on 11/15/08, 9:22 am

2 Answers from Attorneys

Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: credit card law

Your court should have a pro se office that can assist you.

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Answered on 11/15/08, 5:37 pm
Lawrence Silverman Law Firm of Lawrence Silverman

Re: credit card law

The New York State Courts' Internet website has pages which allow for keyword searches of briefs used in past court cases, including Motions to Dismiss, and of past court decisions, involving legal issues similar to yours.

Downloading briefs involving legal issues similar to those raised by your case, may provide you with samples and models, which you can customize and re-write to fit your case.

You can also get access to the Lexis and/or Westlaw legal research online databases, via credit card, so that you can research case law to assist your motion to dismiss;

or, you can go to your court's law library and research case law court decision precedents free of charge.

The state courts' law libraries also provide the public with FREE of CHARGE computer terminal access to Lexis, which will allow you to research cases with legal issues similar to yous, and to "shepardize" these cases to see if they are still "good law", not overruled, and to find other cases which cite thse cases as precedents. (You may also be able to download sample briefs including Mtions to Dismiss from the court law libraries' provided free of charge, Lexis computer terminals, but I am not sure of this.)

I sometimes assist pro se litigants, non-lawyers who are representing themselves, with legal research and legal wsriting and coaching for a fee of $150.

For additional information on this service, you may contact me on my voicemail on my or e-mail (which you can access via this LawGuru website's Attorney profile link on me.)

You will also want to try the court's pro se office, as the first responding attroney recommended; however, anecdotal testimony from

pro se litigants whom I have assisted, indicate that the court pro se offices are frequently not too helpful.

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Answered on 11/16/08, 9:27 pm


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