fastedocuments
New Member
This question is for a NY attorney expert in credit card debt litigation.
I thought that the case of FIA Card Serv. against me was inactive or discontinued after all these years, but recently I received a letter from the plaintiff's attorney asking me to contact them, which I didn't.
Instead I went to the court today to investigate (this is the Supreme Court of NY in Queens County) and make copies of all court docs I did not know existed after my Answer with Counterclaims back in April 2011.
These are the court Minutes as of today 3/26/2015:
8/1/2012 REJECTED PAPERS
8/1/2012 NOTICE OF ENTRY
11/8/2011 ORDER SIGNED
11/8/2011 MOTION FOR SUMMARY JUDGEMENT (Return Date)
9/15/2011 MOTION FOR SUMMARY JUDGEMENT (Filed in Court)
9/15/2011 REQUEST FOR JUDICIAL INTERVENTION
5/22/2011 REPLY TO COUNTERCLAIMS
4/19/2011 ANSWER WITH COUNTERCLAIMS
4/10/2011 AFFIDAVIT OF SERVICE
4/1/2011 SUMMONS AND COMPLAINT
Reading all these documents I found out a couple of things:
A) The Reply to my Counterclaims, the Notice of Motion for Summary Judgement and the Notice of Entry were NEVER served upon me.
B) BUT MOST IMPORTANTLY, It has been 3.5 YEARS and the Plaintiff never resubmited a Notice of Entry as directed in the Defective Judgement Checklist produced by the court on August 1, 2012.
The court's Defective Judgement Checklist clearly states the two reasons for the rejection of the plaintiff's Notice of Entry:
1- In his Affirmation (Bill of Cost page), plaintiff's attorney stated that it was a default judgment when there was an answer filed.
2- In his Affirmation, plaintiff's attorney failed to either waive the accruing interest or included in the bill of cost.
Please tell me if I can file a Motion to Vacate Judgment, an Order to Show Cause or any other motion to try to either dismiss or re-argue the case.
Thank you very much,
Katy
I thought that the case of FIA Card Serv. against me was inactive or discontinued after all these years, but recently I received a letter from the plaintiff's attorney asking me to contact them, which I didn't.
Instead I went to the court today to investigate (this is the Supreme Court of NY in Queens County) and make copies of all court docs I did not know existed after my Answer with Counterclaims back in April 2011.
These are the court Minutes as of today 3/26/2015:
8/1/2012 REJECTED PAPERS
8/1/2012 NOTICE OF ENTRY
11/8/2011 ORDER SIGNED
11/8/2011 MOTION FOR SUMMARY JUDGEMENT (Return Date)
9/15/2011 MOTION FOR SUMMARY JUDGEMENT (Filed in Court)
9/15/2011 REQUEST FOR JUDICIAL INTERVENTION
5/22/2011 REPLY TO COUNTERCLAIMS
4/19/2011 ANSWER WITH COUNTERCLAIMS
4/10/2011 AFFIDAVIT OF SERVICE
4/1/2011 SUMMONS AND COMPLAINT
Reading all these documents I found out a couple of things:
A) The Reply to my Counterclaims, the Notice of Motion for Summary Judgement and the Notice of Entry were NEVER served upon me.
B) BUT MOST IMPORTANTLY, It has been 3.5 YEARS and the Plaintiff never resubmited a Notice of Entry as directed in the Defective Judgement Checklist produced by the court on August 1, 2012.
The court's Defective Judgement Checklist clearly states the two reasons for the rejection of the plaintiff's Notice of Entry:
1- In his Affirmation (Bill of Cost page), plaintiff's attorney stated that it was a default judgment when there was an answer filed.
2- In his Affirmation, plaintiff's attorney failed to either waive the accruing interest or included in the bill of cost.
Please tell me if I can file a Motion to Vacate Judgment, an Order to Show Cause or any other motion to try to either dismiss or re-argue the case.
Thank you very much,
Katy
