Can I use SOL as my defense at a hearing after a default judgment was vacated due to improper service?

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Can I use SOL as my defense at a hearing after a default judgment was vacated due to improper service?

I defaulted on a loan 9 years ago and was sued by the creditor 3 years later. Then last month I was granted a motion to vacate the default judgment because I was not served properly. Now, I have a “Traverse hearing” scheduled for this month. Since the loan was defaulted 9 years ago, can I use the Statute of Limitations as my defense? In my state, a creditor has 6 years to file suit. Obviously, they filed suit 6 years ago but as mentioned above, I was not served properly and will now attend a hearing nearly 9 years after the original default.

Asked on January 10, 2013 under Bankruptcy Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Good question. Based upon the substance of your question where the default against you was set aside you legally can plead in your answer as an affirmative defense that the statute of limitations have expired. Another defense is that the summons and complaint against you may not have been timely served upon you per state law.


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