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perfection

Discussion in 'Alternative Dispute Resolution' started by boyred, Mar 2, 2003.

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  1. boyred

    boyred Law Topic Starter New Member

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    i put an appeal and received a letter saying that the stay i asked for was granted. but I had to perfect the appeal by a certain date . i have the paper work. but what is the main purpose of perfecting an appeal and what does perfecting the appeal mean.
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    What is it that is not complete? This may depend upon what court you are in. You should ask the court clerk what this means... feel free to share your answer with us here!

     
  3. Legal_NY

    Legal_NY New Member

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    Stay of Judegment of Appeal

    Where can I find a source for an example of a stay on a judgement pending an appeal for NY which was granted so I can work from it? I need to file a motion for a stay of a judgement pending an appeal.
    Appreciate your help.
     
    Last edited: Jan 12, 2004
  4. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Re: Stay of Judegment of Appeal

    A great way to find forms is to pull archives from state records, if you can identify a case which had the same. Sometimes a court clerk may be able to help you with appeals with the standard formats that may be given to you as part of a small packet describing court rules for laymen. You may also be able to find a book of forms in a local law library.
     
  5. Legal_NY

    Legal_NY New Member

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    I am in NY. Where are the state records so I can search them for related cases?

    I need a case relating to evidence of an accounting. I need to know where I can find the legal definition of what an accounting is relating to merchant chargebacks. Amex provided a merchant service credit line. They claimed chargebacks existed. We asked for an accounting to verify the bill. We only were presented with a spreadsheet containing card numbers, amounts, names, not authorization codes. Can you direct me to a case that would show what the requirements of an accounting are to verify chargebacks. We are needing to stay a summary judement pending the appeal and are having trouble finding such a case or reference.

    We are relying on the fair credit Billing act and UCC Code which may not be sufficient.

    The court is prejudice to move this off the calendar. No help from the Ref.
     
  6. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Getting to a law library is key and using the legal indexes. You will be able to get seminal cases easily this way. Online searches cost more but they can be obtained from Lexis, Westlaw, Loislaw and a few others. They are generally not cost efficient for anyone who does not know what they are really looking for.

    From what you wrote, I think you need a business definition not a legal one since it is a business term. A court will likely look at what is 'generally accepted' within the industry with regard to an accounting. I used to create audit clauses all the time for contracts. Additionally, it is likely that in your contractual agreement with AMEX there is a definition for the term 'chargebacks' and that is likely what a court would look at in interpreting the contract.

    Hope this helps.


     
  7. Legal_NY

    Legal_NY New Member

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    Full Recourse

    Do you know the legal and accounting definition of full recourse?
    Does it imply personal liability as well as business liability?
    Does it have to supercede a complete accounting to verfify accurate billing? Does a bank like Amex have the right even if in a contract to just claim they have full recourse no matter if an accounting is accurate or not or even provided?

    Thanks
     
  8. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Re: Full Recourse

    Almost impossible to answer your questions without facts as they will merely be definitions of little import. You will typically have a right to an accounting in many contracts but I'm not sure I understand where you are going here. Here is what I understand:

    1) AMEX provided you with a merchant account.
    2) AMEX claims that there were chargebacks to your account and provided the numbers and the amounts of the chargebacks. What this is should be defined in your contract but, let's just say for arguments sake, we both know that a chargeback here is when a person demands that a charge be reversed for a reason such as an inability to have a merchant agree to reverse charges after a claim that goods were not delivered.
    3) You want to know whether you are entitled to authorization codes which were not provided.

    Here's what I want to ask you. Are you claiming that AMEX may be fabricating the chargebacks and that they never took place which is why you want the authorization codes? Second, are trying to claim that with regard to the reversal of charges that occurred, they were not 'technically' within the language of the contract regarding chargebacks?


     
  9. Legal_NY

    Legal_NY New Member

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    Yes to question one.
    Yes to question two. However, the chargeback forms which may have been filled in by customers were not presented by Amex in order for me to dispute them when they presented a spreadsheet of credit cards numbers and names and amounts.
    In the real world not necessarily in the legal world that would not be sufficient for evaluating the validity of chargebacks and the opportunity to have the request to reverse them based upon merit. Sometimes customers chargeback in error, or if they change their mind even after they keep product and sign for it, or if they cancel their order and do not follow protocal on requesting a refund. There can be many reasons for chargebacks. Amex defaults any chargeback to fall under approximately 3-4 different reasons one of their favorites is unauthorized charges which implies the customer never placed the order. Amex uses this in place of accurate different reasons instead many times.
    Such as when a customer just decides to change their mind and abuses the Amex fraud policy for chargebacks.
    Amex does not normally care about merits though they claim to.
    Amex does not care if the customer did not read the merchant policy which would normally reverse the chargeback.

    Three: Yes I believe that we are entitled to the authorization codes which prove that they processed and even deposited the money the are claiming to want. I am referring to the UCC code and their contract for my hopes. However, I need a definate answer from a pro. But the question would still have to be answered what is the legal definition of an accounting in this situation such as merchant services and chargebacks?
    Will what they presented be sufficient to satisfy the definition of an accounting? It should not. But what is the answer?

    Will it matter that in the conference which concluded in summary judgement that we did not make authorization codes mandatory in our request for an accounting?

    "AMEX may be fabricating the chargebacks and that they never took place which is why you want the authorization codes" Yes.

    In the Amex contract I did not see a definition for "Full recourse" which in laymens terms they explain it as the right to pursue me legally and hold me liable for any chargebacks no matter the merit.

    "are trying to claim that with regard to the reversal of charges that occurred, they were not 'technically' within the language of the contract regarding chargebacks"
    They only reversed one on their list for not having a name assigned to the card number.
     
    Last edited: Jan 30, 2004
  10. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Here is what I'm not getting -- why was a complaint filed?

    Additionally, if you received names and credit card numbers, couldn't you check your records to see whether there were returns on these accounts? If there were then the whole issue of the existence of the chargebacks would be moot.
     

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