Ask Me Help Desk - Credit Card - 1993 Judgment vacated

Mel S. Harris and Associates and collection agency/law firm sent me letter in '05 saying I owed $11k to them for an outstanding credit card judgment from 1993. I know nothing about either the cc or the judgment. I sent them a certified letter asked for proof this account was mine and who they are to collect. I recvd two more similar letters from them but no response.

Sept 06 -- They froze my bank account.

I had to order the case file and served them with an Order to Show Cause, Affidavit in Support, with a copy of their Summons and Complaint.

A court date was set for Jan 07.

On the date, in the courtroom prior to the proceeding their attorney called my name and offered to vacate the judgment on the spot so I could access my bank account. He asked did I want to pay anything of the cc ( Answer: No.)

So, we walk up together to the clerk who says okay on A, but what about B - That the matter be dismissed? Are you in agreement. No, he says.

Okay, then you'll have a future court date - Brooklyn, NY - for that. [ It will be sometime in April ] The form I had to send Mel Harris says - "Verification."

Question: How do I proceed? Do they now have something on me? Couldn't this all have gone away on the six year NY Statute of Limitations rule?

This has been a nightmare!

Add to your Order to Show Cause, Affidavit in Support, Motion to dismiss, lack of proper service, lack of subject matter jurisdiction, lack of personal jurisidiction.

Remember an attorney cannot testify for their client, they must be present.

An attorney statement is hearsay, you have the right to cross examine the plaintiff.

Quote:

Originally Posted by mr.yet

Add to your Order to Show Cause, Affidavit in Support, Motion to dismiss, lack of proper service, lack of subject matter jurisdiction, lack of personal jurisidiction.

Remember an attorney cannot testify for their client, they must be present.

an attorney statement is hearsay, you have the right to cross examine the plaintiff.

Yes - those elements were added. Thank you.

This is now a third-party situation. From CC to original Atttorney to Plaintiff Attorney/Collection Agy. It was the original attorney who approached me.

Question: What about the SoL on credit card debt, it's six years in NY. Do they even have the right to bring suit after all this time?

Quote:

Originally Posted by Secondwynd

Yes - those elements were added. Thank you.

This is now a third-party situation. From CC to original Atttorney to Plantiff Attorney/Collection Agy. It was the original attorney who approached me.

Question: What about the SoL on credit card debt, it's six years in NY. Do they even have the right to bring suit after all this time?

File MOtion to dismiss due to the SOL also.

Lawsuit Anatomy
Learning the anatomy of civil lawsuits is as easy as spelling "CAT".

Complaint
Answer
Trial
Master this simple truth and you will soon be operating successfully in court... controlling corrupt judges and defeating crooked lawyers.

Of course, there's more to learn, however the best place to start learning is with the basic anatomy of lawsuits. C.A.T.

Plaintiffs file complaints. Defendants file answers. Judges examine the facts and law at trial to decide who wins. It's not difficult if you keep these three steps in mind. Every lawsuit has this same fundamental anatomy.

If you can spell “CAT”, you can master the basics.

C = Complaint … Where the case begins, when the plaintiff complains.

A = Answer … Where the defendant responds to the plaintiff’s complaint.

T = Trial … Where the judge (or jury) decides the final verdict.

After the plaintiff files his complaint, the defendant may file what we call a flurry of motions that seek to have the complaint stricken or dismissed so he need not answer. If the flurry of motions fails, the defendant must answer the complaint - at which time he should also file affirmative defenses, possibly adding his own counter-claims, cross-claims, or third-party complaints..

Once the defendant is compelled to answer the complaint (and sometimes before) both parties are permitted to engage in a process to discover facts that may lead to admissible evidence. They may demand production of documents and other tangible items, require the other side to admit facts and law under oath, ask relevant questions of anyone, and put the discovered evidence on pubic record.

At any time, the parties may negotiate a settlement agreement to avoid the expense, delay, and uncertainty of going to trial.

If the parties cannot settle their dispute during the discovery phase, the court will examine the admissible evidence at trial, hear testimony, consider arguments of law, and render its final judgment.