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?
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.