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? https://legislation.nysenate.gov/pdf/bills/2021/S153
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.
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