Legal Question in Credit and Debt Law in New Jersey

Motion of Dismissal

I am being sued for an old verizon account. I say the account is from 2001 and they say its from 2002. Anyway the first time I became aware of this account was in 2002 when I got a letter from a collection agency. I disputed the letter and then never heard anything back. In August of 2004 the same account was sent to a different collection agency. I disputed that also and got a letter back from them saying they were temporarily suspending all collection efforts until the account could be verified. In November of 2004 I received another letter from the same collection agency saying no further action was being taken and my credit would not be affected. They would mark their files and do all the necessary paperwork. Then a couple weeks ago I get a summons saying I am being sued . Three years later and the matter was resolved.I sent all the information to the lawyer handling this and haven't heard anything back from them. I have all the documents. I have a court date of Sept. 11 for this. Can I file a motion of dismissal with the court since I have all the paperwork that says this has already been resolved.


Asked on 8/04/07, 7:07 pm

1 Answer from Attorneys
Robert J. Lenahan, Jr. Robert J. Lenahan, Jr.

Re: Motion of Dismissal

Probably not. Not to get too lawyerly, your situation sounds like you could file a motion for summary judgment meaning that the facts clearly show that the debt cannot be sued upon. But if any facts are unclear the court will deny it and you will have wasted a lot of time and effort. You may consider advising the court in writing with a copy to the lawyers that you will seek damages from the lawyers and from the collection agency for their filing a frivolous lawsuit. Plus if you are relying on a statute of limitations defense, be sure to tell both the court and the plaintiffs now that you are doing so. Good luck.

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Answered on 8/06/07, 12:26 pm


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