New Hyde Park, NY asked in Contracts, Civil Litigation and Collections for New York

Q: Can I used UCC guidelines or the NYS one as a way to dismiss the case?

I was manipulated into auto loan in 2016. I feel into hard time and a divorce and ended up living in my car in 2016. I started to become late but always found a way to catch up. I got back on my feet slightly in 2018 and ended up pregnant. I couldn't afford the car payments and they kept using the kill switch to shut off my car. I called them and they explained I was unable to refinance so my only option was to return the car. I returned the car under the assumption that I would not owe anything additional. 4 years later and I being sued by them. They filed the sued in 2019 but served my brother who I do not live with. I just found out and filed an order to show cause which got approved. I proved I did not live with nor speak to him at that time nor to current date. the court date is in 1 week and NYS shortened their SOL to 3 years. Does this apply yo my case?

1 Lawyer Answer
Michael David Siegel
Michael David Siegel
  • New York, NY
  • Licensed in New York

A: The statute of limitations does not apply to an existing case. The SOL is the date to bring a case. You did the right thing so far. Your issue is lack of service. You are going to have to prove you did not live with your brother when he was served as your household.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.