what law has been broken?

[zim69]

Originally Posted by Ohiogal

Ummm... yeah... just one thing - helpful does not mean telling you what you want to hear. That may be what you desire but that is not help.

What I desire is to understand how the law is implemented in my case. I am not a lawyer, but I have some intuition about fairness and how the law should be written. If my intuition is not correct, then I want to know why. What I "want to hear" is an actual discussion of my questions.

Specifically, it seems to me that the Fair Debt Credit Act was written to protect the consumer. If a collection agency systematically tries to prevent individuals from discovering their lawsuit until after a default judgment is made, that seems to me an unfair practice that is inconsistent with the spirit of the Fair Debt Credit Act, and should violate one or more laws. YAG's response to my question, "what law has been broken?" was "none". Although this answer may be correct, I find it unsatisfactory because it provides no insight into why my intuition of fairness is wrong or why the courts think such practices are, in fact, fair. Moreover, I am not interested in platitudes about how life is not fair, but rather whether the practices themselves are fair.

With regard to YAG: Since people with expertise typically use it to explain, advise, and educate, his monosyllabic responses suggested to me that he did not have expertise in NY law.

~z

[quincy]

Zim, if you want FREE advice from an attorney, expect the advice to be brief. Attorneys ordinarily get paid an awful lot of money for their time, and the wise client learns very quickly to appreciate brevity.

You should visit the following website and it can provide more detailed answers to most of your questions (the answers you have already received are correct - this site will explain why):

[url=http://www.courts.state.ny.us/courts/nyc/civil/starting.shtml]New York City Civil[/url].

Follow the site through from start to finish (through "default" and "inquest" and "vacating judgment" and "answering a case" and "Order to "Show Cause").

For a debt collection action, the site provided above has an interactive program that allows you to make up your court papers.

If the judgment against you is vacated, you will then have the opportunity to go to court and prove your case. Here is where the statute of limitations comes into play. It is your defense against the claim.




(by the way, writers often charge by the word - and my bill is in the mail. . . . although I bet I have the wrong address)

[You Are Guilty]

I am not the one being sued, so I don't particularly care what happens here, but for the benefit of future posters, to be utterly clear - the OP asked several yes/no questions, and they were answered accordingly.

Had he politely asked for a brief explanation, he would have most likely received one.

Had he asked for a full explanation of the law and how it applied to his specific facts, he would have been referred to a local attorney.

Quite simple.

[zim69]

Originally Posted by quincy

(by the way, writers often charge by the word - and my bill is in the mail. . . . although I bet I have the wrong address)

Hey Quincy,
Thanks a lot! I really appreciate it!!! I hope you believe me when I say that within other online communities, I try to help the newbies... and I'll be paying your bill in karma

~z