Legal Question in Credit and Debt Law in New York

Motion to Dismiss

I have an old Credit card bill. It has been over 6 years and I just got a letter to go to court, but because of an address mix up, they are making me go out of my jurisdiction.

My mom went on line and figured out how to write a legal answer, she thought I would get a Stipulation of Discontinuance. Instead the judge sent me a letter saying both sides could have a conference. and Then I got a 5 pgs from the law firm asking for ''Notice to Admit, Request of Production of Interrogatories, and Demands for discovery'' My papers from court read ''said motions will be deemed submitted unless oral argument is requested in writing.

Do I have to write another answer? or is this saying I have done my part


Asked on 11/14/08, 8:51 am

1 Answer from Attorneys

Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Motion to Dismiss

It is really important to know what you said in your legal "letter". Was it a letter or a motion?Were you just disputing the jurisdiction?

The statute of Limitations is 6 yrs for debt so that should've been your only answer. If you admit you owe the debt or make a pymt towards it the clock will start to run for next 6yrs. Be careful.

Go to court and tell the court the claim is time barred by 6 yr SOL.

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Answered on 11/15/08, 7:03 pm


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