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Their baaaaaaaack.......


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Back in Feb I got a 2 year old judgment vacated from Cohen & Slamowitz, but it was dismissed on a technicality, so it left me open to be sued again. Well after all these months I though they gave up.

On July 3 I received a letter stating their client has authorized them to commence a suit against me- it was dated June 21 and postmarked June 27.

I sent a DV on July 6 and it was received on the 10th.

Today, July 10, there was a summons on my door dated June 13 giving me 30 days to respond- which would be 2 days!

I know their F'in with me here- Question is what do I have legally?

Should I call the court and get an extension or hurry up and file my defense or just say I didn't get it?

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Seems like they are trying to get YOU on a technicality this time...namely not showing up at court by serving you with so little notice.

I'd be looking at the statute of limitaitons for a defense. If it has been two years since the last suit, the SoL may have run. Just because they sued you before, does not extend the SoL. It is still started on the day of the last payment made. NY is six years across the board, so if the last payment is older than June 13, 2000, then you have a statutory defense.

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Jerky wrote:

The SOL on this account isn't up till Jan 07- so I have to beat them off till then.

No... Since they filed the complaint before SOL was up, it is now tolling.

How is it 'tolling'?

Tolling is the term that is used to suspend the time of the SOL. Once the lawsuit was filed, time stopped. If for some reason they dismiss the complaint or you get it dimissed, time starts again. There is caselaw in certain states (would have to look for it) where the tolling time, if a case is dismissed by the plaintiff, is put back on the clock.

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