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  1. #1
    Join Date
    Apr 2010
    Location
    Bronx
    Posts
    1

    Default 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?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default 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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