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.
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.
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