Ask Experts Questions for FREE Help !
Ask
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #21

    Mar 5, 2007, 08:29 AM
    Hello again, Just:

    You're getting it. There are two questions involved in a law suit; 1) did somebody's actions damage somebody else, and 2) if they did, how much did it cost them?

    You'll win the first part - no question. However, you're going to need to quantify and verify how much it ACTUALLY did cost you. As ScottGem pointed out, that's no easy matter.

    excon
    Just Jae's Avatar
    Just Jae Posts: 39, Reputation: 2
    Junior Member
     
    #22

    Mar 6, 2007, 05:12 AM
    Ahoy... Thank goodness I didn't have an exoneration party!

    Because yesterday I received in the mail a motion in opposition to my order to show cause. They said basically that they shouldn't have to respond to my order to show cause because "my request is untimley" and that I was served.

    But here is the thing. I didn't know about the judgement which was awarded in 7/2003 until 1/2006 (because I was never served) and I really was never watching my credit report. So I sent them a letter (pro se answer) and requested validation and I sent this letter to court house as well. Now I was (and still am) living in Maryland so this was sent to NY. They responded stating they wouldn't honor my pro se answer because it was untimely and so was my request for validation and to contact them to make "arrangements". The court responded saying that I had to call their records dept. I called the records dept and was advised I had to physically come to NY and it couldn't be done through mail.
    Well during that time 1/2006-1/2007 I was unable to come to NY as I am a single mother and had just started working at two places (ex. I had a job in Jan - no days off allowed until 90 days, after that 90 days I left and went to another company had to wait 90 days, then started another job had to wait 90 days) and that's not b.s I can really prove that.

    So basically my judgment was vacated and case placed back on the calendar. And now the firm is responding to my order to show cause stating that they shouldn't have to show me anything because its to late!

    That's INSANE! If you can't prove I owe a debt why should I pay it? They also attached a copy of the original summons and affidavit from the process server where they attempted the bad address 3 times and then stuck it to the door and verified with a neighbor (who they called Tammy "Doe") that I lived there. In NY state attaching it to the door is considered service. But my rational is that it still isn't good service if the person doesn't live there. Yes, you served it to that address but you don't even know who lives there because in the 3 attempts you made no one was there.

    And in 2003 I live in Jersey City with my beau.

    Will the judge really disallow my order to show cause based on their grounds stated?

    Also when we vacated the order they wanted me to sign stating that I would disregard the fact that I was not served. And I refused so they omitted it and now I see why because they were/are trying to come back to me.

    THIS IS WHY I WANT TO SUE THEM. This is ridiculous. Ive asked 1/06 to validate and they said it was untimely now they are saying because I waited from 1/06-1/07 its untimely. So they feel that I should never be given proof of this amount they say I owe? Its like 5K which they say started as 3K in 99' and I guess gained interest. But I was 19 in 99' and they said the debt was from 98' and went delinquent in 99' but I was 18 in 98' and I never had a credit card or credit account with a 3k limit at 18 or 19. Hell, I don't have a credit card with a 3k limit now! Lol
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
    Ultra Member
     
    #23

    Mar 6, 2007, 05:53 AM
    Send the attorney a discovery, request the original contract, prove of service alleged, name and address of plaintiff, etc. SInce they are contesting the vacate order you are permitted discovery

    Which court vacate the judgment?

    As a Pro se you can deny the NY court ever had jurisdiction of you since no proper service was ever done.

    Do web search on Void Judgment, (google) this has a lot of information that will help you.
    Just Jae's Avatar
    Just Jae Posts: 39, Reputation: 2
    Junior Member
     
    #24

    Mar 6, 2007, 05:57 AM
    Quote Originally Posted by mr.yet
    Send the the attorney a discovery, request the original contract, prove of service alleged, name and address of plaintiff, etc. SInce they are contesting the vacate order you are permitted discovery

    Which court vacate the judgment?

    As a Pro se you can deny the NY court ever had jurisdiction of you since no proper service was ever done.

    Do web search on Void Judgment, (google) this has alot of information that will help you.
    How can I prove I didn't live in NY. Can I have my ex write a letter and have it notarized? I moved into his house so my name wasn't on anything.

    I will Google - I live by Google that's how I found you guys :p
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
    Ultra Member
     
    #25

    Mar 6, 2007, 06:04 AM
    Cancel check for rent , utitily bill, phone bills anything with the different address. Covering the time since you moved.
    Just Jae's Avatar
    Just Jae Posts: 39, Reputation: 2
    Junior Member
     
    #26

    Mar 6, 2007, 06:17 AM
    I don't know if I have any of those things but I will look because I have to have something - I even have a (valid) NY driver license with a NJ address.
    Just Jae's Avatar
    Just Jae Posts: 39, Reputation: 2
    Junior Member
     
    #27

    Mar 6, 2007, 06:58 AM
    Quote Originally Posted by mr.yet
    Send the the attorney a discovery, request the original contract, prove of service alleged, name and address of plaintiff, etc. SInce they are contesting the vacate order you are permitted discovery

    Which court vacate the judgment?

    As a Pro se you can deny the NY court ever had jurisdiction of you since no proper service was ever done.

    Do web search on Void Judgment, (google) this has alot of information that will help you.
    This is what I found under Void Judgement:
    As a general rule, a judgment or order is valid (i.e. not void) when the following elements are present: (1) the court has subject matter jurisdiction; [5] (2) the court has personal jurisdiction; [6] and (3) adequate notice has been afforded the affected persons.
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
    Ultra Member
     
    #28

    Mar 6, 2007, 07:06 AM
    Quote Originally Posted by Just Jae
    This is what I found under Void Judgement:
    As a general rule, a judgment or order is valid (i.e., not void) when the following elements are present: (1) the court has subject matter jurisdiction; [5] (2) the court has personal jurisdiction; [6] and (3) adequate notice has been afforded the affected persons.
    Court lack subject matter and personal jurisdiction over the defendant due to improper service or no service.

    For the court to have jurisdiction both parties must be present in the court.
    Without out this the judgment is void.
    Just Jae's Avatar
    Just Jae Posts: 39, Reputation: 2
    Junior Member
     
    #29

    Mar 6, 2007, 07:19 AM
    How can I defend the fact that after I found out about the judgement 1/6/06 (supported by a letter I sent to the court and firm) and didn't present motion to show cause or request to vacate until 2/07.They said my SOL was expired apparenty in NY the SOL for responding after you find out about the judgement is 1 year. I responded just a little over a year later to court...
    Just Jae's Avatar
    Just Jae Posts: 39, Reputation: 2
    Junior Member
     
    #30

    Mar 8, 2007, 10:47 AM
    In the stipluation for vacating the judgement to put it back on the calendar the lawyer wanted me to sat they I waive all jurisdictional defenses... I refused and they scratched it out.

    Does that mean I have a jurisdictional defense?

    I read something's about personal and subject matter jurisdiction but I don't quite understand it...
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
    Ultra Member
     
    #31

    Mar 8, 2007, 11:03 AM
    Simply because the NY court lacks subject matter and personal jurisdiction over you.

    Simply put, without you droppping that defense the court really has to right to hear the case.
    Just Jae's Avatar
    Just Jae Posts: 39, Reputation: 2
    Junior Member
     
    #32

    Mar 8, 2007, 11:08 AM
    Interesting. The attorneys office sent me this document "opposition of my motion to show cause" and it was detailed about me being served (via a notice to a door I didn't live at and they can't prove I did) and the fact that I knew about the judgement 1/2006 and didn't request the order to show cause until 2/2007. So do I need to prepare some sort of document with my defenses as well?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #33

    Mar 8, 2007, 11:17 AM
    You will need to prepare your defense. But how you respond to that notice depends on its nature. It could just be a copy of a filing with the court of their intent to fight your Show Cause motion. Check with the court as to how you need to respond.
    Just Jae's Avatar
    Just Jae Posts: 39, Reputation: 2
    Junior Member
     
    #34

    Mar 8, 2007, 11:22 AM
    Quote Originally Posted by ScottGem
    You will need to prepare your defense. But how you respond to that notice depends on its nature. It could just be a copy of a filing with the court of their intent to fight your Show Cause motion. Check with the court as to how you need to respond.

    That's exactly what it was a copy of their filing with the court of their intent to fight my motion
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #35

    Mar 8, 2007, 11:33 AM
    Its probably just a pretrial motion and doesn't require a response from you. But make sure with the court.
    Just Jae's Avatar
    Just Jae Posts: 39, Reputation: 2
    Junior Member
     
    #36

    Mar 8, 2007, 11:35 AM
    Quote Originally Posted by ScottGem
    Its probably just a pretrial motion and doesn't require a response from you. But make sure with the court.
    I acutally did my answer that day (I had 20 days). But from what they filed I feel so unprepared.

    My friend said to keep it simple I was never served and this isn't my account. Validate the debt etc. But Im afraid it won't be enough...
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #37

    Mar 8, 2007, 11:38 AM
    That's their game, to imtimidate you with legal jargon and make you feel that you as a lowly layman, can't fight them and their law degrees. But that's wehat Small Claims court is for. Its for the lowly laymen.
    robbieo11's Avatar
    robbieo11 Posts: 5, Reputation: 2
    New Member
     
    #38

    Mar 12, 2007, 08:54 PM
    I am NOT an attorney but it sounds like they violated the 4 and 15th ammdments lack of due process and filing a frivouls lawsuit against you. How bad and for how long have they been dinging your credit reports??

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Received court summons in my door and have 2 weeks to court date [ 9 Answers ]

I received a summons on my door for a $5,000 debt to american express. Lawyer office is about 1 1/2 from my home... I am willing to pay the debt, do I have to show up for court? I am going to be out of town and won't be around on the court date... can I call the attorney's office and settle the...

Check court date [ 2 Answers ]

Got a traffic court date in Newmarket tomorrow but I lost the ticket... all I know is it is in Newmarket and it is at 10:30... I know there is a site to check the particulars but I am at a loss for that too... thanx

Capitol one taking me to court tomorrow [ 8 Answers ]

Link to original posting, moved here in hopes of better visibility https://www.askmehelpdesk.com/small-claims/am-being-sued-credit-card-co-58374.html#post304265 I am being sued (I guess) by Capitol One. I was served a notice 3 nights ago, to appear on March 1 at 1:30 pm, no court room, just...

1st date in about 3 months tomorrow! [ 10 Answers ]

A really cute girl I have been flirting around with for a while, and finally going out on of all things a FOOTBALL date... wow... speachless. We are going out for a date to watch football all day together... can't believe it! She is only 21, but I'm only 25, so shouldn't be a big deal. The only...

F-1 to H-1, what's the start date of H-1? Should be approval date or visa issue day? [ 3 Answers ]

As I mention before, I changed from F-1 to H-1 last year. I got my H-1 status in Feb 2004, but I went to my home country to get the H-1 visa stamp in August 2004. So I would like to know for counting my H-1 status, is it the date that USCIS (the Immigration) approved (which is Feb 1st), or the...


View more questions Search