Court Date coming, received NOTICE TO ADMIT TRUTH OF FACTS

[FromNY]

What is the name of your state? NY

Hello again,

This is another one. I have 4 court cases , trying to take care of them one by one.
The Court date is December 20, 2004.Debt Collector/Law Office is Cohen & Slamowitz Claiming $9,485.93 on behalf of Creditor: Great Seneca Financial Corp., and Original Creditor: First USA Bank.

1- On November 19, I receive a letter dated 11/12 from Cohen & S. advising me that: “You are in default of the forbearance agreement entered into with our office. Your payment which was due today has not been received. Etc etc. If we do not receive payment within 10 days, we will exercise our rights and remedies as set forth in the forbearance agreement".
What are they talking about? I made no agreement with their office. Should I answer this?

2- Nov. 22 I received a document dated Nov. 9 (NOTICE TO ADMIT TRUTH OF FACTS) signed by a lawyer from Cohen & S., saying: "Sirs, please take notice, that pursuant to CPLR 3123 you are hereby requested to furnish to the undersigned, within 20 says after the service of this notice, a written admission of the truthfulness of the following facts." With 3 pages of facts to be admitted or denied, including number 1- "Defendant requested a credit card from Plaintiff"--. Now Plaintiff is written as Great Seneca Financial that I do not know, and there is no mention of First USA Bank in this document.
They go on, and then they mention the amount of $6,328.76. Etc.
Please tell me what this is and what should I do?

Before I know they were suing me, I had written them a letter asking me not to call me (which they did not), and had offered them something to settle, but they had written my offer was not accepted, and they had said their "Client" would accept $5,500 etc, but it was too late, I had already received their court document etc., which I took care of and we have a court date on December 20.

Now can you tell me what this is? How should I answer this? I do not want to admit that I owe any money to Great Seneca, I do not even know them, I never asked a credit card from them, and this paper only gives their name. Then what is that letter?

Thank you very much for your help.
FromNY

 

[You Are Guilty]

Then you need to respond to that Notice to Admit, ASAP, because if you don't, after 20 days, without a reply, the law assumes you have admitted whatever is in there. So type/write a reply back before your time expires!

You need to deny, admit or swear to a reason why you can't do either in your response. It doesn't need to be anything fancy, you can just put the caption on the page with:

1. Defendant denies each and every allegation contained in paragraphs 1 through ____ in plaintiff's Notice to Admit dated ________.

2. Defendant admits the allegations in paragraph XX in plaintiff's Notice to Admit dated ________ to the extent that defendant ____________ (i.e. did have a credit card issued by First Bank on or about {date})

3. Defendant is not able to admit or deny the allegations contained in in plaintiff's Notice to Admit dated ________ because {reasons} (i.e. plaintiff's allegation calls for a legal conclusion/or is seeking to compel the admission of material facts and is not proper for a Notice to Admit; defendant does not currently possess the documents needed to do so; defendant's records were destroyed in 9/11; defendant is a raging alcoholic and is involuntarily comitted to Bellvue for treatment; etc.}

Now, just make sure you (1) sign it; (2) make sure you reply to every paragraph; and (3) have it notorized.

IMPORTANT: the law also says that for any statement that you deny unreasonably that the plaintiff ends up proving at trial, you have to pay for plaintiff's costs to do so. So don't get cute and deny everything, like your name and address, because it can come back to haunt you. (Of course, feel free to deny anything that really isn't true though.)

Good luck & enjoy your foray into the legal system!

 

[stevek3]

What is the name of your state? NY

Hello again,

This is another one. I have 4 court cases , trying to take care of them one by one.
The Court date is December 20, 2004.Debt Collector/Law Office is Cohen & Slamowitz Claiming $9,485.93 on behalf of Creditor: Great Seneca Financial Corp., and Original Creditor: First USA Bank.

1- On November 19, I receive a letter dated 11/12 from Cohen & S. advising me that: “You are in default of the forbearance agreement entered into with our office. Your payment which was due today has not been received. Etc etc. If we do not receive payment within 10 days, we will exercise our rights and remedies as set forth in the forbearance agreement".
What are they talking about? I made no agreement with their office. Should I answer this?

2- Nov. 22 I received a document dated Nov. 9 (NOTICE TO ADMIT TRUTH OF FACTS) signed by a lawyer from Cohen & S., saying: "Sirs, please take notice, that pursuant to CPLR 3123 you are hereby requested to furnish to the undersigned, within 20 says after the service of this notice, a written admission of the truthfulness of the following facts." With 3 pages of facts to be admitted or denied, including number 1- "Defendant requested a credit card from Plaintiff"--. Now Plaintiff is written as Great Seneca Financial that I do not know, and there is no mention of First USA Bank in this document.
They go on, and then they mention the amount of $6,328.76. Etc.
Please tell me what this is and what should I do?

Before I know they were suing me, I had written them a letter asking me not to call me (which they did not), and had offered them something to settle, but they had written my offer was not accepted, and they had said their "Client" would accept $5,500 etc, but it was too late, I had already received their court document etc., which I took care of and we have a court date on December 20.

Now can you tell me what this is? How should I answer this? I do not want to admit that I owe any money to Great Seneca, I do not even know them, I never asked a credit card from them, and this paper only gives their name. Then what is that letter?

Thank you very much for your help.
FromNY

You have absolutely no idea what you're doing, and are completely lost. Hire a lawyer. Otherwise, you're just buying time.

Pay a lawyer $2,000, they won't be able to prove their case. I know exactly how Great Seneca works with respect to their purchase agreement with First USA. Regardless if this is part of their forward-flow portfolio agreement or not, they'll get nothing more than an affidavit from a rep at First USA. However, it will not be sufficient to prove the account, and you'll be able to make the debt go away. If you do not do this, you will be nailed with a judgment more than three times what you would otherwise pay to a lawyer.

Of course, you could take some of the brilliant advice you'll often read around these parts, which boldly proclaims any layman can just as easily represent oneself in litigation, without any lawyer, and proudly win. Yeah, in a pig's eye.

 

[stevek3]

You have absolutely no idea what you're doing, and are completely lost. Hire a lawyer. Otherwise, you're just buying time.

Pay a lawyer $2,000, they won't be able to prove their case. I know exactly how Great Seneca works with respect to their purchase agreement with First USA. Regardless if this is part of their forward-flow portfolio agreement or not, they'll get nothing more than an affidavit from a rep at First USA. However, it will not be sufficient to prove the account, and you'll be able to make the debt go away. If you do not do this, you will be nailed with a judgment more than three times what you would otherwise pay to a lawyer.

Of course, you could take some of the brilliant advice you'll often read around these parts, which boldly proclaims any layman can just as easily represent oneself in litigation, without any lawyer, and proudly win. Yeah, in a pig's eye.

Actually, I misread your post. A $10K judgment is obviously more than three times the amount you'd pay a lawyer to defend you.

 

[FromNY]

You have absolutely no idea what you're doing, and are completely lost. Hire a lawyer. Otherwise, you're just buying time.

Pay a lawyer $2,000, they won't be able to prove their case. I know exactly how Great Seneca works with respect to their purchase agreement with First USA. Regardless if this is part of their forward-flow portfolio agreement or not, they'll get nothing more than an affidavit from a rep at First USA. However, it will not be sufficient to prove the account, and you'll be able to make the debt go away. If you do not do this, you will be nailed with a judgment more than three times what you would otherwise pay to a lawyer.

Of course, you could take some of the brilliant advice you'll often read around these parts, which boldly proclaims any layman can just as easily represent oneself in litigation, without any lawyer, and proudly win. Yeah, in a pig's eye.

Thanks Steve. I have to hire a lawyer anyway, becuase I have 2 other cases that have their courts in March, and I will be gone from NY this December. Can you recommend some good lawyers and specialized in this area?.

What do you think about that letter I mentioned in nymber 1?

Thanks for everybody's advice.

 

[stevek3]

Thanks Steve. I have to hire a lawyer anyway, becuase I have 2 other cases that have their courts in March, and I will be gone from NY this December. Can you recommend some good lawyers and specialized in this area?.

What do you think about that letter I mentioned in nymber 1?

Thanks for everybody's advice.

I have no opinion regarding the letter. Be certain you hire somebody experienced in defending these types of consumer cases, and don't get some kid out of law school simply because you might get yourself a lower billing rate. There is nothing more important than choosing the right lawyer for the job, so don't screw it up.

 

[You Are Guilty]

Man, I wasted all that time explaining CPLR 3123 and then he decides he's going to hire a lawyer. I really gotta start charging for this

 

[stevek3]

Man, I wasted all that time explaining CPLR 3123 and then he decides he's going to hire a lawyer. I really gotta start charging for this

Pad the itemization of your expenses. You'll get some of it back. I believe you incurred $22.34 in postage costs, $9.92 in long-distance telephone charges and $40.00 for a courier.

 

[You Are Guilty]

You also forgot $9.85 in duplication costs and $35 for the hooker I paid to type the response when I smoked crack in the bathroom.

 

[FromNY]

You also forgot $9.85 in duplication costs and $35 for the hooker I paid to type the response when I smoked crack in the bathroom.

You Are Guilty, You Are Funny too!.

Thank you for explaining to me what that thing is. If you have more advice I'll take it.