Rochester, NY asked in Small Claims, Collections and Contracts for New York

Q: I was contacted by a lawyer who presented himself as "a debt collector" through a motion to disclose in New York State.

The action in question was a contract for a rental agreement, Between a company that I can no longer locate and occured in 2010.

It is my belief that this lawyer, debt collector, purchsed the debt and after 13 yrs.

although there was some contact before the 6 yr period elapsed, the debt collector was never able to produced a signed contract or provide any information about what was paid for the debt.

after receiving a cease and desist letter, we had no further contact until Nov of 2022.

After being required to appear in court, no other party showed but me, the judge directed me to answer his interrogatories and demands, while refusing to dismiss the case because of it being over 10 yrs old, I am now looking to ask the court to dismiss the case due to dormancy.

Do I have a case, or should i just accept the fact that this case no longer has merit?

By the way I was never properly served by this lawyer/ debt collector.

I look forward to your response.

1 Lawyer Answer
Daniel Michael Luisi
Daniel Michael Luisi
  • Collections Lawyer
  • Licensed in New York

A: Realistically you need the help of an attorney to prepare your motion papers, or at least review what you plan to submit. That is what is indicated from the way your case has proceeded so far. Alternatively you can continue on your own and accept whatever result comes. Be aware that if the case goes to judgment you will be dealing with potential bank account seizures and wage garnishments.

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.