Q: How do I create a motion to dismiss in NY based on a time lapse of 13 yrs (dormancy) with regards to a rental contract?
Had an agreement with an apartment complex back in 2010. Moved out and didn’t hear from them for quite sometime.
All of sudden started being harassed by a debt collection agency. Asked for them to produce a right of ownership of debt and written contracts. They were unable to do that. Finally after writing them a cease and desist letter, they stopped communicating with me.
All of the sudden in Nov of 02, they start up again. 13 years has elapsed and I again asked for proof of ownership. Ended up in court after a motion and requested a dismissal on the basis of the statue of limitations. Judge took a long time and rendered a decision refusing my request. Was told to answer an respond to demands in 45 days.
I want to create a motion to dismiss on the basis of time elapsed or dormancy, especially since I was never formally served. What is the format for doing so?
A: You did not state the reason for the failure of your defense, but you are not handling this correctly, and you should really talk to a lawyer if the sum being sought justifies it. You should answer to avoid default, and not re-make the same motion you already lost. Service issues are not relevant now, as you appeared in the case, as per your post.
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.