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Laches- Does It Work ot Get a Lawsuit Dropped?


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Long story short: I have recently been served a Summons for a $50k Credit Card Debt that has been in default for almost 2 years. In that 2 years I have lost all paper files relating to the account; in addition, because the Creditor waited so long to sue me, I have very limited funds available for settlement and I am not in as good as a position to settle as I was during the first 12 months the account was in default. Do I have any basis for getting the court action dismissed due to Laches? This account was 1 of 8 that I defaulted on starting in January 2009, and for the rest of 2009 it was essentially "first come, first serve" in terms of settlement of accounts since I had limited funds. Had this particular Creditor asserted their right to sue within the first 12 months since default, I was in a much better position to settle.

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