court docket online

[rpivending]

What is the name of your state?new york.
I had received a summons from a ca about 3 months ago..asked for debt validation..only got back a cc statement...had asked again for dv and recevied nothing further...now i go online to check the court cases pending in my county and i see my name for the 21st of Nov 3 days from now...i was never notified by the ca or the court about this...let me list what is says in the various columns listed and see if anyone can help me figure out if i should have been notified...the appearence date i 11/21/05 as stated....ON FOR: Motion Part
another column says: RJI PRE NOI deadline 11/17/2006...also a column for RELEIF STATUS SOUGHT: under which is SUMMARY JUDGEMENT
FILED BY():
SUBMITTED:
OPEN
and then a DECISION AND ORDER SIGNED which is not filled in yet...
sorry for the long post but does anyone know why i was not contacted and do i have to show up....to find out on a fri to show up on a mon is just not right...thanks for the help ....rob

 

[Chien]

When you were served "about three months ago", why do you say that you're "finding out on a Friday"? Sorry. If you read the Summons, I can't imagine there's a reasonable answer to that.

You can go to court and should if you want any chance of avoiding a judgment being entered against you, 'tho it's not clear that you are not too late already.

 

[rpivending]

what i meant was that when i was served 3 months ago i replied with an answer within the 30 days and also asked for debt validation...which i do not believe a credit card statement is proof someone is authorized to collect on a debt....again i ask should i have not been notified about this on the 21st of november..if i didnt look on the website today i would have no way of knowing...yes/no?

 

[Chien]

asked for debt validation...which i do not believe a credit card statement is proof someone is authorized to collect on a debt....again i ask should i have not been notified about this on the 21st of november..if i didnt look on the website today i would have no way of knowing...yes/no?

You seem to have an erroneous idea of what "validation" requires and how it applies in this instance. Once you were sued, validation became secondary.
The plaintiff will have to satisfy the court that it has a right to pursue recovery on the debt. Beyond that, the plaintiff need prove nothing more to the court than the information on the statement.

Once you became part of the litigation, it's your responsibility to follow your case. We don't know what, if anything, you received between service of process and the hearing date, but you did know by going online, and I would speculate that the plaintiff will be informing the court that notice was given.

 

[rpivending]

my idea of validation is this when the credit card tells me that the law firm they are dealing with to sue me is in kansas city and then i get sued by a law firm in buffalo new york...i want someone to prove they have the right to ask me for money...if that were the case i should send a check to anyone who asks without asking if they are AUTHORIZED to collect..does this make sense or no...i did not say i don't owe the money but i am not sending 5,000 to one ca just to have another ask for another 5,000 and so on.....

 

[rpivending]

between process of service and this monday i received A COPY OF MY CREDIT CARD STATEMENT...if i had received anything else i would not be asking if it was right to schedule a court date without notifying me first...so from my understanding i should drive to the courthouse every day for the rest of my life to see if i have to show up in court....no one has to notify me in advance is this correct assumption on my part or no?

 

[rpivending]

and p.s. what does motion part mean anyway? one other question there is no lawyer listed for the plaintiff on the court dockett is this normal or what...i looked at other people's with the same info but they all had a plaintiff lawyer listed...what gives?

 

[Chien]

i want someone to prove they have the right to ask me for money...if that were the case i should send a check to anyone who asks without asking if they are AUTHORIZED to collect..does this make sense or no

Perfectly understandable. However, I would expect that there is an allegation of authority in the Complaint. If not, the plaintiff will have to satisfy the court at the same time it satisfies you. I expect that it will be able to satisfy the court.

i am not sending 5,000 to one ca just to have another ask for another 5,000 and so on.....

That was always a controllable concern that was not dependent on validation. Now, however, the plaintiff will either dismiss the case with prejudice, if payment is made before judgment is entered, or will satisfy/release the judgment (not sure of the terminology in NY), if payment is made after.

 

[TigerD]

It was awful nice of them to send you validation after they had filed suit. It was awful dumb of you to ask for validation after they had filed suit.

You had 30 days to file a response. You didn't they won. Next time don't ignore a summons; and don't depend on web sites telling you how to skip out on your debts.

DC

 

[rpivending]

could you please clarify what judgement....are you assuming that the court is going to grant one to plaintiff...or do you mean in the situation where the plaintiff wins ...what is the step i show up for court on mon with judge and lawyer for plaintiff and then what happens ...i get questioned on why i didn't pay or do i get a chance to explain myself....i am confused as to what will happen on monday....since stated before i have had no time to prep....except for copies of what the court already has (what i sent to ca)...i understand that having no money is not what they are looking for but what is going to be done...judge asks us to work it out before trial (if that's what happens in this case) or do we present our arguments like a jury trial...thanks again for your help....rob

 

[Leinalani]

ok, have you ever seen those Judge Judy shows or the similar?

Well, when you go to court on Monday (and I highly recommend you go) you will basically be in that kind of situation. You and the Plaintiff will be in front of a Judge who will make the final decision.

The DC will be the Plaintiff, you will be the Defendant. You have a chance to defend yourself AFTER the Plaintiff has a chance to state its claim.

After that, the Judge will rule. The Judge might tell you his/her ruling in the court or might just send it through mail.

If the Judgement is against you, that gives all power to the Plaintiff at which point you will have to bargin with them to set a payment schedule or they could say for you to pay it all off at one time.

If you don't make any attempt to pay off the debt, they can probably garnish your wages, place liens against your property or drain your bank accounts.

Does that answer your questions?

 

[rpivending]

hey debtcollector i will type slow so you can understand I REPLIED WITHIN THE 30 DAYS (AS SPELLED OUT ABOVE) ALTHOUGH AT THAT POINT I WAS TYPING FASTER...GET IN THE LEFT LANE AND JOIN THE REST OF US (DO YOU HAVE A SENSE OF HUMOR!!!)

 

[rpivending]

hey lei thanks for the info...but i still have not gotten an answer to a question i have been asking all night...is it right that i have not been informed of a court date being set....if i don't show up was i expected too by the court when i was never even given the courtsey of an invite....who is running the show here (i'm sure debtcollector has some input on this!!)

 

[Leinalani]

is it right that i have not been informed of a court date being set....

you said in the beginning of your post that you were summoned. On that summons there should be a court date.

What is the name of your state?new york.
I had received a summons from a ca about 3 months ago..asked for debt validation..only got back a cc statement...

if i don't show up was i expected too by the court when i was never even given the courtsey of an invite....

you're always expected to show up. If you don't, things will probably go AGAINST your favor.

 

[TigerD]

hey debtcollector i will type slow so you can understand I REPLIED WITHIN THE 30 DAYS (AS SPELLED OUT ABOVE) ALTHOUGH AT THAT POINT I WAS TYPING FASTER...GET IN THE LEFT LANE AND JOIN THE REST OF US (DO YOU HAVE A SENSE OF HUMOR!!!)

Great sense of humor --- I have been laughing at your situation since I first read it today.

It is real simple. When you were summoned, you had 30 days to file an answer with the court. ****read that real slow three or for times**** You then chose to demand validation from the CA and ignore the court.

** NOTE: Judges as a rule strongly dislike being ignored -- you did not help yourself at all. **

As you failed to respond to the court, the CA has asked for summary judgement. You now have to appear and argue against the summary judgement. Since it is apparent you have no clue what is happening, you are essentially screwed.

Personally I think it is a riot. You're best option is to call the CA and give them a check for whatever they want to settle.

DC