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John, Attorney
Category: Legal
Satisfied Customers: 5732
Experience:  Licensed and practicing attorney.
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Would you advise me on how to answer a motion Judgment? This

Customer Question

Hi John,
Would you advise me on how to answer a motion for Summary Judgment?
This case is with a collection agency for an account that I had with Dell Financial Services LLC, which is located in Austin Texas. The last payment made on this account was on 3/11/2011 to Dell Financial Services. Since they are located in Texas and the statute of limitation in Texas is for 4 years. Can answer to this motion with the plea that the Statute of Limitation has been reached?
Submitted: 1 year ago.
Category: Legal
Expert:  John replied 1 year ago.

Yes, you can claim a statute of limitations as an affirmative defense to their motion. The court should treat that as a counter motion for summary judgment filed by you (i.e. you are asking for a complete ruling in your favor dismissing their claim.

Expert:  John replied 1 year ago.

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