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Defense, Statutes of Limitations, Improper Served Summons, Laches

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  • 04-16-2010, 10:13 AM
    BwKendall
    Defense, Statutes of Limitations, Improper Served Summons, Laches
    My question involves collection proceedings in the State of: New York
    I was hospitalized a bit over 6 yrs ago.
    I found a summons in my locked mail box, that was folded so they could get it in.
    It also claims in the summons I received bills monthly, which I did not.
    I went and got a court date, and had a good clerk there, who asked about my defense, and he said I needed to clean it up.
    I know the statute of limitations is 6 years, and received the summons a couple weeks after the 6 years of the latest date.
    I made no payments, besides what insurance covered.
    After this hospitalization, I was disabled, and now receive benefits, but it's barely enough.

    What is my best defense?
  • 04-18-2010, 10:29 AM
    Mr. Knowitall
    Re: Defense, Statutes of Limitations, Improper Served Summons, Laches
    If you are stating that the lawsuit was filed on time, that will ordinarily prevent a successful statute of limitations defense. Beyond that, you haven't told us of any potential defenses you may have to the lawsuit.
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