I live in NYS. SOL is six years. I received a summons by mail in 11/04. Date on summons was 8/04. I wrote the the collection attorney immediately with a request for validation and citing the SOL (which according to TU was 6/98. No answer was received. Within 10 days after that I mailed (reg. and cert.) my answer to the summons with the defense of no validation/improper service/and the SOL. Today I received a notice of motion for summary judgment stating the following: ...The defense claiming lack of personal jurisdiction has been waived pursuant to CPLR3211(e) by the defendant's failure to move for judgment within 60 days of her answer. The defense claiming this action is barred by the SOL is overcome by the document presented in Exhibit 2 which shows payment made on the account. (Apparently last payment on account was, in fact 12/98 and not 6/98 as TU indicated) They further request...that this answer should not be permitted to stand. This answer should be stricken and the plaintiff granted summary judgment. MY QUESTION: It is now 2006, 8 years after the last payment. Is this notice of motion for summary judgment so far past the SOL that I should just answer it asserting that defense? Or am I cooked because the first summons was served in 11/04 - one month prior to the actual SOL? (Assuming my answer back in 2004 is stricken as they requested)
