any advice for suit against me ?

STATE = New York

Heres the story. A few years ago I was forced to clean up some incorrect items on my credit report. (I have the same name as my father/grandfather and many others in my town). I succesfuly got the incorrect entrys removed. On the advice of a family member (Who I helped), He had some freidns that were in similar situations (incorrect items). I met with them and explained to them, that I have a day job, but ill see what I can do. I charged a reasonable consultaion fee (its illegal to accept payment for credit repair until the repair is complete, consultation fees are legal according to my attorney). 3 of the people, love me, I corrected the errors quickly. 1 person, I got in a dispute with over mailing the letters. I explained I do not do the running around. I then told him, I am done with your case and moving on to the next. I faxed his letters to him (at his request). 3 months letter I received a summons from small claims, informing me that he has filed suit aginst me. Heres what I have as evidence , I have copys of the letters I gave him, a print out from the fax, showing he received them. Statements from the other people I have done, stating they had excellent results using me. Please keep in mind, I do this by myself, I am not a company. The only paperwork or hard evidence he has is, a hand written receipt stating I received consultation payment. I dont know if he ever sent the letters or not. ALso i read that he was suppost to have sent me a demand letter first. Im not sure if this applys to me or not (consumer transaction). He did not send this. Im a bit worried about this, Ive never had to go to court before. I can not use my attorney on this matter due to the fact he was the mutual friend/fam who referred him to me. it would be conflict of interest. Sadly I can not afford another attorney on this matter, and after reading these posts, i think I can handle this myself Oh ya, this is small claims in rochester NY. Also my stance on if items are not removed or not, as I explained to him, HE told me what is incorrect and if they stayed on, then 1st he lied to me, 2nd the items are correct (credit bureaus offers proof they verified incorrect ones)


any advice would be GREATLY appreciated. also thank you for having this great site. Ive learned alot just by browsing unregistered. and please pardon the typos, my daughter had a problem with iced tea on the keyboard yesterday and I havent had a chance to get a new one

thank you

allen

Allen ? That wouldn't be your last name,and my X's Attorney would it ?

I don't know if it's Illegal to ACT as a " Consultant" for Credit Repair Services or Not, but I would think If the Plaintiff could show you do these Services on a regular basis , and he paid you for these Services , then a Reasonable person could expect you to drop the letters any time of day or night in an US Postal Letter box.

If it is Illegal to conduct Credit repair Services with out being licensed then the Plaintiff could sue for punitive damages.

Enjoy small claims at the Hall of Justice in good old Rocha cha cha ...

By the way Their's been a few attorneys in this City that have been caught in illegal Practices.......

No , you do not have to be NOTICED by the Plaintiff in small claims here. (only if it's a Trial De Novo and will be heard in by a CIty Court Judge ).The plaintiff files at the clerks, you get notice in the mail of the date & time.

You can also settle before the court date and the Plaintiff sends in the court summons checked settled,and you wouldn't have to appear.

Thanks Blonde Lebinese , are you also here ? If so whats your thoughts on the "super ferry" ?

Heres my thoughts on your response, any more input by you (or anyone) is appreciated.

Allen ? That wouldn't be your last name,and my X's Attorney would it ?
Nope, thats my 1st name

I don't know if it's Illegal to ACT as a " Consultant" for Credit Repair Services or Not, but I would think If the Plaintiff could show you do these Services on a regular basis , and he paid you for these Services , then a Reasonable person could expect you to drop the letters any time of day or night in an US Postal Letter box.
To be honest its more then that. I can never proove it BUT he asked me to sign his wife's name. I refused and said if nayone is to sign them, it should be her or him (next best thing to her, i guess). As for doing these on a regular basis, its for sure not my day job, i wish though There was many little things that just added up. Nothing major, I explained to him taht due to my day job its difficult for me to get to the post office while there open, thats why he suggested I faxed him the ltters.
If it is Illegal to conduct Credit repair Services with out being licensed then the Plaintiff could sue for punitive damages.
Thankfully in NY, there is no license needed. The only law states that the fee's for a credit repair must not be paid until the repair has finished, it recomends using an escrow service to secure the payment. I had a well respected attorney lok into this (phillipone) and he informed me that I may charge a consulatation fee upfront and still be abiding to the law.

Enjoy small claims at the Hall of Justice in good old Rocha cha cha ...
I'll, try to make the best out of it, I think it stinks but thats life, adn we will see what the judge decides.

By the way Their's been a few attorneys in this City that have been caught in illegal Practices.......

HEHE < oh yes, Lawyer by day, cocaine drug dealer/murderer/armored car hiest by night. I figure no matter what type of life someone lives, no matter what there day job is, theres always a few bad apples who get greedy and want more.

No , you do not have to be NOTICED by the Plaintiff in small claims here. (only if it's a Trial De Novo and will be heard in by a CIty Court Judge ).The plaintiff files at the clerks, you get notice in the mail of the date & time.
Darn, I was hoping to get this tossed out on a technicality. When i did some searching all i found was this on there summons and a definition from google

“If you are being sued as a result of a consumer transaction, you should have received a letter from the Claimant demanding payment before you received this notice of claim. If you did not get such a letter, notify the court at the time of your appearance.”
Taken From the Notice Of Claim and Summons
On a google search I found this (NY small claims court, Ithica)
What is a Consumer Transaction?
A Consumer Transaction is a transaction where the money, property or service that is
the subject of the transaction is primarily for personal, family or household purposes.
I may be wrong, or reading into this wrong. Im still wondering if this applys to me
You can also settle before the court date and the Plaintiff sends in the court summons checked settled,and you wouldn't have to appear.

I thought about this, but talked myself out of it. I cant justify paying any money when I feel 100% that I am in the right.

thanks a bunch

allen

http://www.courts.state.ny.us/courts/7jd/city_civil/smallclaims.shtml

http://www.banking.state.ny.us/pr030407.htm