chidiadi
Oct 5, 2009, 10:58 AM
In March this year, Cohen & Slamowitz, LLP, wrote to me to collect an alleged debt, which they claimed their client, Midland Funding, LLC, had prchased from HSBC. In my response, I disputed the validity of the alleged debt, and requested the proof (a) that the alleged debt is my debt and (b) that Midland Funding, LLC, has been assigned the alleged debt and has the right to collect it.
Cohen & Slamowitz wrote back to acknowledge the receipt of my letter; they added that they had contacted their client and were awaiting a reply.
But, instead of providing the proof that I requested, Cohen & Slamowitz filed a summons & complaint against me, in my city court. This action, by Cohen & Slamowitz, is a flagrant violation of the Fair Debt Collection Practices Act (FDCPA). I answered the complaint immediately, citing the FDCPA violation in my affirmative defense.
The court has scheduled a Pre-trial Conference for November 12, 2009. What do I do now to prepare for this conference? What is the format for a pre-trial conference? What am I supposed to say during this conference?
I am a pro se defendant: I cannot afford to hire a lawyer. I live in New York State.
Cohen & Slamowitz wrote back to acknowledge the receipt of my letter; they added that they had contacted their client and were awaiting a reply.
But, instead of providing the proof that I requested, Cohen & Slamowitz filed a summons & complaint against me, in my city court. This action, by Cohen & Slamowitz, is a flagrant violation of the Fair Debt Collection Practices Act (FDCPA). I answered the complaint immediately, citing the FDCPA violation in my affirmative defense.
The court has scheduled a Pre-trial Conference for November 12, 2009. What do I do now to prepare for this conference? What is the format for a pre-trial conference? What am I supposed to say during this conference?
I am a pro se defendant: I cannot afford to hire a lawyer. I live in New York State.