Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > COURTS, LAWYERS & LITIGATION > Legal Ethics & Lawyer Malpractice
Reload this Page what law has been broken?

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
Page 1 of 2 1 2 >
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 03-30-2009, 09:14 PM
Junior Member
  
Join Date: Mar 2009
Posts: 10

what law has been broken?

What is the name of your state (only U.S. law)? NY

Hi All,
I was sued by a collections agency but I was never served a summons. Obviously, I never made it to court and a judgment was made. I plan to appeal to vacate the judgment on several grounds. However, there is one issue in particular that I need some expert commentary on....

Assume that the statute of limitations has expired and the law firm representing the collections agency has filed a lawsuit to recover the money. If the law firm swears under oath that they have a right to the money when, in fact, they know that the statute of limitations has expired,
(1) can this be considered perjury?
(2) can this be considered fraud?

Finally, if this law firm consistently sends summons to incorrect addresses in order to ensure that the summoned individual is not aware of the lawsuit until after judgment is made
(3) what law has been broken?

Thank you!!!!
z
  #2  
Old 03-31-2009, 10:46 AM
Member
  
Join Date: Jan 2008
Posts: 340
I don't see that any laws have been violated. If you believe their facts are inaccurate, then you can challenge them.
  #3  
Old 03-31-2009, 10:54 AM
Senior Member
  
Join Date: Apr 2002
Posts: 9,178
Laws about proper notice to a defendant have been broken (what incorrect address do you claim they sent your notice to?) and debt collection laws (perhaps the Fair Debt Credit Act) about the rule for statute of limitations on al debt.
  #4  
Old 03-31-2009, 12:15 PM
Senior Member
  
Join Date: Jun 2004
Posts: 7,574
Quote:
Originally Posted by Dandy Don View Post
Laws about proper notice to a defendant have been broken (what incorrect address do you claim they sent your notice to?) and debt collection laws (perhaps the Fair Debt Credit Act) about the rule for statute of limitations on al debt.
Do I need to call JETX over here to straighten you out again? Your entire response is incorrect.
__________________
Quote:
Originally Posted by me
Then start crying uncontrollably. If that doesn't work, fill your pants with shaving cream and start screaming about the voices in your head. Maybe they'll feel bad enough about your other problems and let you out of the ticket.
  #5  
Old 03-31-2009, 12:16 PM
Senior Member
  
Join Date: Dec 2007
Location: Thebes
Posts: 6,071
Quote:
Originally Posted by You Are Guilty View Post
Do I need to call JETX over here to straighten you out again? Your entire response is incorrect.
You go YAG...bring on the pit bull!!!
__________________
Dang the Persephone for eating those pomegranate seeds. It is because of her urge to snack that we must suffer through the winter that will soon be upon us.
Last edited by Antigone*of*Greece; 03-31-2009 at 12:16 PM. Reason: forgot a word...made no sense
  #6  
Old 03-31-2009, 03:02 PM
Senior Member
  
Join Date: Apr 2002
Posts: 9,178
Please help the original poster by explaining exactly what about my response was incorrect.
  #7  
Old 03-31-2009, 03:10 PM
Senior Member
  
Join Date: Jan 2005
Posts: 21,653
Quote:
Originally Posted by Dandy Don View Post
Please help the original poster by explaining exactly what about my response was incorrect.
I can tell you that the SOL does not prevent pursuit of a debt.
__________________
*
*
The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.

Communication is KEY - 10 mins of talking now can save you months of headaches later!

Masterfully stating the obvious to the oblivious! (Thanks SP!)

Tell it like it is! When all else fails, make up a statistic!

Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to)
  #8  
Old 03-31-2009, 03:14 PM
Senior Member
  
Join Date: Jun 2004
Posts: 7,574
Quote:
Originally Posted by Dandy Don View Post
Please help the original poster by explaining exactly what about my response was incorrect.
First of all, I already replied to the poster in his original thread - this is a duplicate.

Second, you're the one who needs to support his reply, not me (remember, only one of us is a NY lawyer).

Third, each of these questions has been asked and answered before. If the OP does come back, 5 minutes of searching will give him all the answers he needs.
__________________
Quote:
Originally Posted by me
Then start crying uncontrollably. If that doesn't work, fill your pants with shaving cream and start screaming about the voices in your head. Maybe they'll feel bad enough about your other problems and let you out of the ticket.
  #9  
Old 03-31-2009, 03:39 PM
Senior Member
  
Join Date: Apr 2002
Posts: 9,178
So obviously you are more interested in arguing than answering a question. You only NOW mention that it's a duplicate when you could have mentioned that before.
  #10  
Old 03-31-2009, 04:36 PM
Junior Member
  
Join Date: Mar 2009
Posts: 10
Quote:
Originally Posted by You Are Guilty View Post
First of all, I already replied to the poster in his original thread - this is a duplicate.
Your replies were monosyllabic and not very helpful.

Quote:
Second, you're the one who needs to support his reply, not me (remember, only one of us is a NY lawyer).
I'm looking for thoughtful replies. If, as you claim, you have no expertise in NY law, why did you respond?

Quote:
Third, each of these questions has been asked and answered before. If the OP does come back, 5 minutes of searching will give him all the answers he needs.
You are correct. Technically, you wrote a response to my questions. But it doesn't seem like you are interested in being helpful, so for all practical purposes, the questions remain unanswered.

~z
  #11  
Old 03-31-2009, 06:17 PM
Senior Member
  
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by zim69 View Post
Your replies were monosyllabic and not very helpful.



I'm looking for thoughtful replies. If, as you claim, you have no expertise in NY law, why did you respond?



You are correct. Technically, you wrote a response to my questions. But it doesn't seem like you are interested in being helpful, so for all practical purposes, the questions remain unanswered.

~z
**A: too funny.
  #12  
Old 03-31-2009, 08:36 PM
Senior Member
  
Join Date: Jun 2004
Posts: 7,574
And with that, gentle readers, I see this post going unanswered.




PS: zimwit, it isn't DandyDon who is the NY lawyer
__________________
Quote:
Originally Posted by me
Then start crying uncontrollably. If that doesn't work, fill your pants with shaving cream and start screaming about the voices in your head. Maybe they'll feel bad enough about your other problems and let you out of the ticket.
  #13  
Old 03-31-2009, 08:58 PM
Senior Member
  
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by You Are Guilty View Post
And with that, gentle readers, I see this post going unanswered.




PS: zimwit, it isn't DandyDon who is the NY lawyer
**A: YAG, glad you cleared that one up.
  #14  
Old 04-01-2009, 09:14 AM
Senior Member
  
Join Date: Dec 2005
Location: Ohio
Posts: 31,742
Quote:
Originally Posted by You Are Guilty View Post
And with that, gentle readers, I see this post going unanswered.




PS: zimwit, it isn't DandyDon who is the NY lawyer

I should not be drinking carbonation this early. I just snorted Pepsi Max.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #15  
Old 04-01-2009, 09:15 AM
Senior Member
  
Join Date: Dec 2005
Location: Ohio
Posts: 31,742
Quote:
Originally Posted by zim69 View Post
Your replies were monosyllabic and not very helpful.



I'm looking for thoughtful replies. If, as you claim, you have no expertise in NY law, why did you respond?



You are correct. Technically, you wrote a response to my questions. But it doesn't seem like you are interested in being helpful, so for all practical purposes, the questions remain unanswered.

~z
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.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
Reply
Page 1 of 2 1 2 >

« Previous Thread | Next Thread »


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Linear Mode Linear Mode
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts
BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 01:27 PM.

Contact Us - FreeAdvice - Archive - Privacy Statement - Top

IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.
FreeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.