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  1. Re: Traverse Hearings In New York City Small Claims Court

    Dismissed with prejudice - on request by Plaintiff's counsel - via the process server not being able to show....


    For all you people being sued - don't give in - there is hope!


    Many thanks...
  2. Re: Traverse Hearings In New York City Small Claims Court

    Thanks guys....


    So long as the "non appearance" of the process server is viewed towards my advantage....


    We'll just have to see whether he shows up! That lying piece of %$#@!

    LOL
  3. Re: Traverse Hearings In New York City Small Claims Court

    How common is it for the process server to actually show up for these traverse hearings?


    I'm hoping that he doesn't show up -- just makes my case easier then....lol


    Cheers!
  4. Traverse Hearings In New York City Small Claims Court

    So I have my traverse hearing later this week....


    Is there anything that I need to prepare for this date?


    What should I expect?


    I'm assuming that the process server will be there in...
  5. Credit Counseling: Re: Settlement Company's Advice Regarding A Summons

    After having gone thru the process for the first time, I can only echo the sentiment posted by the above 2 posters...

    In the best case scenario, they have absolutely no real evidence of the...
  6. Collection Lawsuits: Re: Statute of Limitations and Burden of Proof

    Great!

    Do I need to file discovery request papers with the court?

    OR

    Do I just need to mail them (USPS certified and RRR, of course for proof of mailing) and complete an affidavit of service...
  7. Collection Lawsuits: Re: Statute of Limitations and Burden of Proof

    So if I get the traverse hearing ruled in my favor...the alleged service becomes no service thus no personal jurisdiction over me thus the default judgment gets reversed in my favor?


    Does the...
  8. Collection Lawsuits: Re: Statute of Limitations and Burden of Proof

    How easy is it for Plaintiff to prove that they properly served? What exactly do they have to do? The judge also mentioned something like "...you can have the server swear under oath but...
  9. Collection Lawsuits: Re: Statute of Limitations and Burden of Proof

    Okay so I just got home from my court appearance.

    The judge ordered a traverse hearing on the issue of proper service. From the way the judge explained it - it seems to me that the scales might...
  10. Collection Lawsuits: Re: Statute of Limitations and Burden of Proof

    So how does this affect my "discovery" capability then?

    Does this mean that they don't have to respond and reply to my discovery request later on when we get closer to trial status?

    My...
  11. Collection Lawsuits: Re: Statute of Limitations and Burden of Proof

    In my affidavit, I didn't contest the existence of the debt ( I actually acknolwedge it and even claim that I last made last payment in year XXXX).

    I guess they need to now prove that the amount...
  12. Collection Lawsuits: Statute of Limitations and Burden of Proof

    So I'm going to raise the SOL defense...

    I know that this now puts the burden of proof on me...

    But I'm also going to initiate discovery against the Plaintiff...

    If they have absolutely no...
  13. Collection Lawsuits: Re: Do Vacations Toll The Statute of Limitations?

    Does that mean that each time I come back from vacation, the SOL restarts?

    Also, when would the COA technically be? My date of last default, I'm assuming?

    Does anyone know how much of a stink...
  14. Collection Lawsuits: Do Vacations Toll The Statute of Limitations?

    Or does out of state tolling of SOL only apply for residence purposes?

    They filed an action vs me in 9/2006 -- my SOL on the credit card debt started (went delinquent) in 8/2000. From 8/2000...
  15. Collection Lawsuits: Re: Evidence That The Statute Of Limitations Has Run Out

    So my best bet for "real" evidence is the discovery motion that I serve to the Plaintiff then I guess it seems.

    During the actual trial, what types of evidence does the Court consider to be of...
  16. Collection Lawsuits: Evidence That The Statute Of Limitations Has Run Out

    I know that there is a federal statute of limitations on delinquent debts being reported on credit reports for 7 years. 7 years from the date of last last activity on a credit card, the debt is...
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    Sample Motion for Summary Judgment

    Does anyone have a good example I could use?

    Thanks to everyone's awesome advice and lots of googling and reading the CPLR, I think I've glued together my case.

    I'll be using 2 credit reports...
  18. Debt Collectors: Request for Production and Interrogatories

    Do I need to get this form notarized?

    I'm assuming that I need to file this with the Civil Court, then execute the proper service and file an affidavit of service with the court? Can I personally...
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    Discovery: Re: Small Claims Court Appearance - Pro Se

    Thank you.

    Would a credit report with the "last date of activity" be good for presenting to the judge?

    And if so, what then does the Plaintiff's attorney do? If I claim that the SOL started...
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    Discovery: Re: Small Claims Court Appearance - Pro Se

    How then do I prove that the SOL has expired?

    Or do I not even bring it up and have them prove that the debt is valid.....?

    Is there anything in an old credit report I could use in court that...
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    Discovery: Re: Small Claims Court Appearance - Pro Se

    That's really what I'm trying to get some assistance with...

    What are the various ways one can prove the Plaintiff did not file within the SOL?

    Please advise.

    Cheers.
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    Discovery: Re: Small Claims Court Appearance - Pro Se

    That's my point...no one was served.......it never happened.

    Like I said that's the part of my case that I'm not worried about. The service never ever happened.

    I'm sorry if I was being thick....
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    Discovery: Re: Small Claims Court Appearance - Pro Se

    Maybe I need to file a "Request for documentation" on my first court hearing date, outlining several key evidentiary items such as the billing statements or any other items that demonstrate that the...
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    Discovery: Re: Small Claims Court Appearance - Pro Se

    Then how else would I prove that the SOL has expired?

    Since the burden of proof is now on me to prove since I raised it as an affirmative defense?

    I'm pretty confused as to how I can prove the...
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    Discovery: Re: Small Claims Court Appearance - Pro Se

    No not at all. I was never served - that's the most confident part of my defense when I go to my hearing. I'm not concerned with that part.

    Of course, a charge-off is relevant to their...
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