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-   -   Credit Card - 1993 Judgment vacated - now what? (https://www.askmehelpdesk.com/showthread.php?t=73626)

  • Mar 19, 2007, 09:40 AM
    Secondwynd
    Credit Card - 1993 Judgment vacated - now what?
    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!
  • Mar 19, 2007, 12:48 PM
    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.
  • Mar 19, 2007, 01:05 PM
    Secondwynd
    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?
  • Mar 19, 2007, 01:09 PM
    mr.yet
    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
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