Can I use SOL as my defense at a hearing after a default judgment was vacated due to improper service?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I use SOL as my defense at a hearing after a default judgment was vacated due to improper service?
I defaulted on a loan 9 years ago and was sued by the creditor 3 years later. Then last month I was granted a motion to vacate the default judgment because I was not served properly. Now, I have a “Traverse hearing” scheduled for this month. Since the loan was defaulted 9 years ago, can I use the Statute of Limitations as my defense? In my state, a creditor has 6 years to file suit. Obviously, they filed suit 6 years ago but as mentioned above, I was not served properly and will now attend a hearing nearly 9 years after the original default.
Asked on January 10, 2013 under Bankruptcy Law, New York
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Good question. Based upon the substance of your question where the default against you was set aside you legally can plead in your answer as an affirmative defense that the statute of limitations have expired. Another defense is that the summons and complaint against you may not have been timely served upon you per state law.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.