Being sued by Collector for $22K AMEX card not mine

[nycguy]

A couple months after my noticing the credit card account on my credit report and sending a letter to the creditor (Bank) disputing the account, and requiring verification, J&A Collections firm is suing me for that $22K debt that is not mine.

They asked for proof and I sent my Police report, driver's license, but NYC is continuing the legal process and sent me sets of questions (Requests for Admission, Iterrogatories, etc) by the dozen to answer. I started to answer these questions but I really don't know where they are going because the first questions ask for me to admit that my name is _ _ which it is not, and for me to admit that my date of birth is _ _ _ which is not, and I have already gone over this with the collector thus their requests for my driver's license, police report in the past -- so I don't see why they are subjecting me to this line of questioning where I am basically "Answering" their questions denying everything since it's not my debt (I never had this credit card, it's not even in my name) so none of the questions pertain to me.

For the other questions it's mostly not applicable, not only harrassing but very repetitive and time consuming to answer! -- the only response that is "Yes" is that they do have my correct SSN.

To backtrack, months ago I already discussed with the Creditor, and now the attorney for the Creditor, that this was a case of ID theft and not my debt in the first place, but now they seem to be ignoring all that and subjecting me to all this paperwork -- I am sitting here right now typing out all my answers to their harrassing, repetitive interrogatories that they already have the answer to using the stuff I furnished and to date I have received nothing I asked for all along, not a statement, agreement, alleged contract, nada.


Because this is not even my debt, for that reason, I am not getting a lawyer, and am representing myself. But I don't understand why the collectors sent me a whole set of questions that are irrelevant to me since I never had that credit card, account, debt, etc in the first place! I already missed two days at work, court appearances that were rescheduled as the collectors always make applications, but this time it is marked "Final" both sides also the summons said they served the paperwork to Ms. my last name, in person and my address, when I am male and live alone in a 1 family house and only received the summons by mail, how do I point all these questionable collections practices out in my answer as it seems to be all about them questioning me all these irrelevant questions what about my damages and time and being put through all these ridiculous procedures when the account wasn't mine, nor my name, date of birth, and I recall the collection attorney yelling at me over and over "this is you, this is your social security number, so this is you!" Whenever I asked about that.

Who is liable for sanctions if the judge is convinced that this movement is so frivolous, and harassing once you consider they are looking at my proofs of ID that show my DOB and still send me "request for admissions" asking me to admit I have a "different" DOB - LOL - Who is responsible for the wrong-doing, the Collections attorney, or the plaintiff they claim they are representing and speaking for??? Or both??? I don't even know how to how much to calculate damages in $$$ if I counterclaim which I think I ran out of time for doing since trial date is next week and I didnt send any paperwork with a counterclaim figure, just in my Answer I mentioned they are responsible for the damage they continue to cause me through to present for refusing to fix their mistakes...

[Smith]

Lets see , My old man had his ID stolen .

It took an Affidavit saying that those credit cards where not his and that his ID had been stolen .


If they failed to verify the dept then why did it get this far?

Answer is from your post

"To backtrack, months ago I already discussed with the Creditor, and now the attorney for the Creditor, that this was a case of ID theft and not my debt in the first place, but now they seem to be ignoring all that and subjecting me to all this paperwork -- I am sitting here right now typing out all my answers to their harrassing, repetitive interrogatories that they already have the answer to using the stuff I furnished and to date I have received nothing I asked for all along, not a statement, agreement, alleged contract, nada."


You let them in and now your going to half to deal with them .

I received an invitation from a dept collector a while back . The first thing I did was send a demand for validation letter. I included about 15 pages of case law and a bunch interrogatories . I also told the SOB that I had never lived in that part of the country and if he failed to verify within the 30 days. His failure to act was going to get his ass in federal court.

Given not in those exact words .

[BOBT12]

Originally Posted by nycguy

A couple months after my noticing the credit card account on my credit report and sending a letter to the creditor (Bank) disputing the account, and requiring verification, J&A Collections firm is suing me for that $22K debt that is not mine.

Did you send the letters certified? You should be able to use their lack of response as a defense at trial. However, the plaintiff may try to claim they did not get the letters.

Originally Posted by Fair Debt Collections Practices Act

§ 809. Validation of debts [15 USC 1692g]

(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

(c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

Emphasis added.

http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm

You should use Discovery to try to find out if they did receive your letters, using Request for Admissions, Request for Production, or Interrogatories, etc.

Originally Posted by nycguy

They asked for proof and I sent my Police report, driver's license, but NYC is continuing the legal process and sent me sets of questions (Requests for Admission, Iterrogatories, etc) by the dozen to answer. I started to answer these questions but I really don't know where they are going because the first questions ask for me to admit that my name is _ _ which it is not, and for me to admit that my date of birth is _ _ _ which is not, and I have already gone over this with the collector thus their requests for my driver's license, police report in the past -- so I don't see why they are subjecting me to this line of questioning where I am basically "Answering" their questions denying everything since it's not my debt (I never had this credit card, it's not even in my name) so none of the questions pertain to me.

You seem to be in the Discovery phase of court process. This comes after the Complaint has been served, and answered. Did you file a Motion to Dismiss the Complaint?

You may need to answer the Request for Admissions (admit or deny); otherwise the court may give the creditor a Default judgment. If you cannot understand the question(s), you may want to file a Motion for More Definite Statement. Remember, you must respond by the deadlines provided by the court. I believe you may also submit Request for Admissions to the plaintiffs.

Originally Posted by nycguy

For the other questions it's mostly not applicable, not only harrassing but very repetitive and time consuming to answer! -- the only response that is "Yes" is that they do have my correct SSN.

To backtrack, months ago I already discussed with the Creditor, and now the attorney for the Creditor, that this was a case of ID theft and not my debt in the first place, but now they seem to be ignoring all that and subjecting me to all this paperwork

Did you file any report about this ID theft, I suppose this is what the police report is about? If so, this may help you at trial. You may want the plaintiff to Admit to having this information in their possession.

Originally Posted by nycguy

-- I am sitting here right now typing out all my answers to their harrassing, repetitive interrogatories that they already have the answer to using the stuff I furnished and to date I have received nothing I asked for all along, not a statement, agreement, alleged contract, nada.

Keep in mind, that the creditors are trying to get you to make statements under penalty of perjury, which you may not have done to date. However, if they can prove you are committing perjury, this case may move in a whole new direction.

Originally Posted by nycguy

Because this is not even my debt, for that reason, I am not getting a lawyer, and am representing myself.

While I applaud your willingness to fight for your issue, you are looking at a $22,000 liability here. You may need to take some additional time to study in order to get this case decided in your favor. So far the plaintiff is hitting you over the head with the court's procedures and rules.

Originally Posted by nycguy

But I don't understand why the collectors sent me a whole set of questions that are irrelevant to me since I never had that credit card, account, debt, etc in the first place! I already missed two days at work, court appearances that were rescheduled as the collectors always make applications, but this time it is marked "Final" both sides also the summons said they served the paperwork to Ms. my last name, in person and my address, when I am male and live alone in a 1 family house and only received the summons by mail, how do I point all these questionable collections practices out in my answer as it seems to be all about them questioning me all these irrelevant questions what about my damages and time and being put through all these ridiculous procedures when the account wasn't mine, nor my name, date of birth, and I recall the collection attorney yelling at me over and over "this is you, this is your social security number, so this is you!" Whenever I asked about that.

They are following the rules of the court system. See above for more information.

Originally Posted by nycguy

Who is liable for sanctions if the judge is convinced that this movement is so frivolous, and harassing once you consider they are looking at my proofs of ID that show my DOB and still send me "request for admissions" asking me to admit I have a "different" DOB - LOL - Who is responsible for the wrong-doing, the Collections attorney, or the plaintiff they claim they are representing and speaking for??? Or both??? I don't even know how to how much to calculate damages in $$$ if I counterclaim which I think I ran out of time for doing since trial date is next week and I didnt send any paperwork with a counterclaim figure, just in my Answer I mentioned they are responsible for the damage they continue to cause me through to present for refusing to fix their mistakes...

It sounds like it is too late to do a Counterclaim, which should be filed during the Complaint phase in most cases. However, if you can prove that the creditor was just trying to harass you, i.e., using Request for Admissions, you may be able to sue them after (if) you prevail in this case. This would be an Abuse of Process.

Originally Posted by jurisdictionary

A cause of action for the tort of abuse of process arises when one intentionally uses the legal system to attain a wrongful result, thus causing another unjust injury.

emphasis added.

Originally Posted by Budd Hibbs

You almost never are allowed to speak with the attorney who sent you the letter because he is always "in court." You are told that they never take calls from debtors. Well that's not correct. The law states that if an attorney places their name and/or letterhead on a collection notice, they MUST make themselves available to talk with you and they MUST have some knowledge of the debt. Don't be intimidated by these over-bearing jerks. THEY CAN BE HELD ACCOUNTABLE UNDER THE LAW! If you feel that your rights are being abused by a debt collection attorney/law office, file a complaint with your State Bar Association, the Attorney General, or the Federal Trade Commission

Emphasis added.

http://www.budhibbs.com/

You may find that you are in over your head. If you hope to have a reasonable chance of defending yourself you will need to study the rules of the court fast, yet, there may not be enough time.

Try this website for more information:

www.jurisdictionary.com

Good luck,

BOBT

Note: This is not legal advice.

[robhalford88]

First of all, I hope you have copies of everything you sent these scum.
If so, go and prepare an affidavit as a negative averrment, if you need help on that, pm me.
The docs you have sent them should be annexures to it.
These fools are scandalising the court. That is BIGTIME bad news for lawyers.

[nycguy]

Whoah, thanks you guys. I will be reading over all this wholesome advice.

Yes, they have had my police report, Federal ID theft affidavit, driver's license, all on file, its what I first sent direct to Amex and then to collector when I was suddenly contacted by the collector instead of Amex, and without any verification ever.

Really I don't understand the line of questioning where they are asking me to admit my name is the name of the person whose name was on the account, not mine, and my DOB is a different DOB completely than mine, as in my DL, and also passport, birth certificate which they didn't ask for therefore I'm assuming that's an element of repetition/harassment, this is a collections attorney I'm dealing with for the first time but everything that has come out of her mouth so far has been like a human vulture waiting for next meal.. and a stack of hundreds others on her lap, she didnt even know who the creditor was when we were talking... she kept having to look back at her papers... come to think of it her standing there in the courtroom for the Appearance and saying this is your SS # so this is you does go in line with her questioning, but its totally unCIVIL of her.
I don't know what the wording is but it's totally wrong, using SS# as the whole basis of suing, Creditor's refusing to participate with the police detective once I filed the report, -- people cannot be treated like a SSN in court, which is what they are trying to do, they never did provide verification, but I have heard they always say it was opened online to dodge that one. Again I'm not interested in getting money from the Creditor, it's actually the collections attorney that needs to be sued in State or Federal once we have the trial which is marked FINAL both sides and is just next week!

Yes I answered the Request for admissions and the interrogatories but the answers are all mostly no, unknown, and a few not applicable.

Rob what's a negative avertment affidavit?

[robhalford88]

Originally Posted by nycguy

Whoah, thanks you guys. I will be reading over all this wholesome advice.

Yes, they have had my police report, Federal ID theft affidavit, driver's license, all on file, its what I first sent direct to Amex and then to collector when I was suddenly contacted by the collector instead of Amex, and without any verification ever.

Really I don't understand the line of questioning where they are asking me to admit my name is the name of the person whose name was on the account, not mine, and my DOB is a different DOB completely than mine, as in my DL, and also passport, birth certificate which they didn't ask for therefore I'm assuming that's an element of repetition/harassment, this is a collections attorney I'm dealing with for the first time but everything that has come out of her mouth so far has been like a human vulture waiting for next meal.. and a stack of hundreds others on her lap, she didnt even know who the creditor was when we were talking... she kept having to look back at her papers... come to think of it her standing there in the courtroom for the Appearance and saying this is your SS # so this is you does go in line with her questioning, but its totally unCIVIL of her.
I don't know what the wording is but it's totally wrong, using SS# as the whole basis of suing, Creditor's refusing to participate with the police detective once I filed the report, -- people cannot be treated like a SSN in court, which is what they are trying to do, they never did provide verification, but I have heard they always say it was opened online to dodge that one. Again I'm not interested in getting money from the Creditor, it's actually the collections attorney that needs to be sued in State or Federal once we have the trial which is marked FINAL both sides and is just next week!

Yes I answered the Request for admissions and the interrogatories but the answers are all mostly no, unknown, and a few not applicable.

Rob what's a negative avertment affidavit?

To aver, is to make a positive statment, as most affidavits do. A negative one states this;

The undersigned has not seen or been presented with any material facts or evidence which demonstrates that .................................................. .....................................
and believes that none exists.
This transfers the burden to prove onto the other side.
If you want help, as I said, pm me.

[BOBT12]

Originally Posted by nycguy

Whoah, thanks you guys. I will be reading over all this wholesome advice.

Yes, they have had my police report, Federal ID theft affidavit, driver's license, all on file, its what I first sent direct to Amex and then to collector when I was suddenly contacted by the collector instead of Amex, and without any verification ever.

Remember, the attorney may be planning a strategy to keep you from admitting some or all of your documents into evidence at trial. Often the plaintiff will try to raise all sorts of objections to your documents. This is why it may be a good idea to get them to admit (Request for Admissions, etc.) to what you want, then there can be no objection at trial. If you fail to get your documents admitted, then they do not count during the trial. You will need the original documents in most cases.

By the way, did you sumit copies when you responded to the complaint, or with a Motion to Dismiss? If you do not ask for the case to be dismissed, it will just keep moving forward. You must try to move the court in the direction you want it to move, the attorney certanly is attempting to do so.

Originally Posted by nycguy

Really I don't understand the line of questioning where they are asking me to admit my name is the name of the person whose name was on the account, not mine, and my DOB is a different DOB completely than mine, as in my DL,

It seems that they think, or are trying to make a case based upon the presumption, that you set up some sort of alter ego in order to obtain this money/credit/loan they are trying to get you to pay. This is just my guess.

Originally Posted by nycguy

and also passport, birth certificate which they didn't ask for therefore I'm assuming that's an element of repetition/harassment, this is a collections attorney I'm dealing with for the first time but everything that has come out of her mouth so far has been like a human vulture waiting for next meal.. and a stack of hundreds others on her lap, she didnt even know who the creditor was when we were talking... she kept having to look back at her papers...

This is about right, they just want you to pay the bill. They want to garnish your wages for years, and take any money you have in the bank, you may want to only keep small balance in any event. This is why you must be very careful.

Originally Posted by nycguy

come to think of it her standing there in the courtroom for the Appearance and saying this is your SS # so this is you does go in line with her questioning, but its totally unCIVIL of her.
I don't know what the wording is but it's totally wrong, using SS# as the whole basis of suing,

You must learn to object! A SS# is not proof of who made any loans. Make the attorney show proof of this. Then let the judge make a ruling on this sort of statment, so that you don't appear to be in agreement. Court is an adversarial process, you must defend your rights, or otherwise, you may appear to be waiving them.

Originally Posted by nycguy

Creditor's refusing to participate with the police detective once I filed the report,

It is up to you to indroduce the report, and get it admitted into evidence.

Originally Posted by nycguy

-- people cannot be treated like a SSN in court, which is what they are trying to do,

Don't let the attorney get away with it, object.

Originally Posted by nycguy

they never did provide verification, but I have heard they always say it was opened online to dodge that one.

Object, the FDCPA is quite clear what the plaintiff must to in order to satisfy a demand for verification (provided in my post above).

Originally Posted by nycguy

Again I'm not interested in getting money from the Creditor, it's actually the collections attorney that needs to be sued in State or Federal once we have the trial which is marked FINAL both sides and is just next week!

True.

Originally Posted by nycguy

Yes I answered the Request for admissions and the interrogatories but the answers are all mostly no, unknown, and a few not applicable.

Good.

[masterduke]

the only answer that you need to give regarding any of this from the wrong name & address etc. would be: DENIED.
If any part of an interogg is inaccurate, false, misleading, contains a 'run-on' sentence with more that one subject per 'paragraph'. Then it is should be answered 'denied', nothing further. Believe it or not it is the debt attorney chumps job to PROVE all of their allegations. You have got enuff proof to defeat this loser. In addition, you also have an affirmative defense of 'No Prior Course of Dealing'. They are using the old trojan horse trick of Account Stated I'll bet? This is how they get a foot in the door. Just because they claim that you owe this debt does not give rise to this cause of action(although in their tiny brains it does)
Jurisdictionary states: A lawsuit on this cause of action may result in an unjust judgement if the defendant is unfamilar with the law. In Particular, the essential fact elements of the cause of action that the plaintiff must allege and PROVE by the greater weight of admissible evidence.
Failure to respond to a demand letter, without more, is insufficent to give rise to this cause of action.
Suing for account stated when essential elements are CLEARLY ABSENT(correct name for instance), may expose the party bringing the action to a counterclaim for ABUSE OF PROCESS if it can be shown that the plaintiff INTENDED to intimidate(Burying you in paper for instance) and there was NO Prior Course of Dealing.
Meaning you never had an account with either the original creditor and certainly had no prior dealings with the scumbag debt attorney.

[nycguy]

unfortunately for me not a "$UCCE$$" since i was ill-advised and pro se thus didnt keep up with sending Counterclaim hard copy in time for filing deadlines,

but i'm just happy somebody (Judge) finally saw through all the dust plaintiff (well actually, their original attorney) stirred up - cuz i just got back from the "trial" where a different attorney altogether appeared, plaintiff didn't notify substitution to me or the court when "they" finally showed up ( on 2nd call, and lemme tell you NYC 2nd call is a LOOOONG wait after since they called like 200 "no fault" part cases first!)

in the readying room the Clerk recognized law office attorney Y and then pointed out he's not with the law office X firm that filed the papers, so asked him where's his substition, there's none in the file did the defendant receive any? (no) and only at that point he apologized and said original law office X just gave him the case last minute and they didnt have time to serve me a subtitition, clerk said judge will frown on this because they're according to court laws then plaintiff is not even present, and this is marked "final" both sides since so many previous applications and adjourned trials...

anyway i was still put before the judge and had to explain i never applied for the card, never had the account, never used it, etc, and how my name, dob, don't match. but then attorney y said he has a letter from me saying part of the account balance is mine, presented a forged "answer" that looked like it was photocopied dozens of times and also "my" signature at the bottom was a photocopy, not original, and it had a counterclaim listed of $25,000 and so i pointed out my answer looks totally different and does not list any counterclaim, in fact it stated i would be holding the collection attorney fully liable for all damages for abuse of process... anyway at that point the judge finally said it doesn't matter what this attorney is suddenly appearing to claim because there was no notice of substitution and all sides knew this was marked final, so he asked atty y what "he would like to do" with this case and atty y said "request for adjournment" and i said but why, i don't even have a counterclaim, that's not fair, these claims have been damaging me for long enuf, why continue it even more months adjournment once more!? ... but yay, judge then said "i can't give it to you (adjournement, atty/plaintiff)! --because plaintiff has not appeared!--"

i don't think it was right when they had the first call he was silent then when they had 2nd call he stood up and said plaintiff since he had no authority, and he waited until he was identified by a Clerk who knows him in that county court to id him as an attorney from another firm than on file (what would have happened if he wasn't id'd?!?! and isn't that fraud upon the court in itself??)

anyway the judge entered DISMISSED WITH PREJUDICE, and i'm relatively happy this is over.

i would like to know if i can use this dismissal somehow as some compelling evidence to get XX (credit card bank) to finally stop reporting this $22K to my credit bureaus? because as long as that continues i will continue to have to pay higher premiums, rates, denied morts and employment, etc...

i'm guessing if i did have a counterclaim it would not have mattered anyway, since it could have only been dismissed with or without prejudice, a judge can't rule for defendant just because plaintiff didn't show up, can he?

and looking forward does anyone know if this case (and its decision) can be used as supporting evidence if i should decide to sue the creditor (for damages from negligent enablement of id theft, defamation) or the attorney (for illegal collections tactics, abuse of court process, perjury of records, fictitious affidavit of service, emotional stress, lost wages, lost employment opps, higher premiums...) ? if so i might actually do that with representation if i can find one on CONTINGENCY.

since i am located in NYC, can I sue Amex right here in a nyc court or do i have to sue them in like a FL court or something?) and the collection firm is right here in ny. if i don't sue them at least i will work on a neat letter to the AG (someone help!!!)

i am guessing the reason why they tried to slip in a hidden substition is somehow because i mentioned in my answer all along that i would hold them responsible for all damages they cause me for not resolving this matter justly... how come the judge don't automatically SANCTION atty's who try to do that?


and again i really need to get this fraud $22K unpaid amount off my credit reports ASAP that's my first concern!! does anyone have names of Amex legal? and what ranges of monetary damages have ever been awarded by them for the sorts of damages i have faced since 2002 because of this? i could not find any civil cased... i would prefer to sue them in state civil court if such exists...

[BOBT12]

Originally Posted by nycguy

unfortunately for me not a "$UCCE$$" since i was ill-advised and pro se thus didnt keep up with sending Counterclaim hard copy in time for filing deadlines,

but i'm just happy somebody (Judge) finally saw through all the dust plaintiff (well actually, their original attorney) stirred up - cuz i just got back from the "trial" where a different attorney altogether appeared, plaintiff didn't notify substitution to me or the court when "they" finally showed up ( on 2nd call, and lemme tell you NYC 2nd call is a LOOOONG wait after since they called like 200 "no fault" part cases first!)

I am happy this turned out well for you.

Originally Posted by nycguy

in the readying room the Clerk recognized law office attorney Y and then pointed out he's not with the law office X firm that filed the papers, so asked him where's his substition, there's none in the file did the defendant receive any? (no) and only at that point he apologized and said original law office X just gave him the case last minute and they didnt have time to serve me a subtitition, clerk said judge will frown on this because they're according to court laws then plaintiff is not even present, and this is marked "final" both sides since so many previous applications and adjourned trials...

anyway i was still put before the judge and had to explain i never applied for the card, never had the account, never used it, etc, and how my name, dob, don't match. but then attorney y said he has a letter from me saying part of the account balance is mine, presented a forged "answer" that looked like it was photocopied dozens of times and also "my" signature at the bottom was a photocopy, not original, and it had a counterclaim listed of $25,000 and so i pointed out my answer looks totally different and does not list any counterclaim, in fact it stated i would be holding the collection attorney fully liable for all damages for abuse of process...

Sound like this may be evidence of possible fraud.

Originally Posted by nycguy

anyway at that point the judge finally said it doesn't matter what this attorney is suddenly appearing to claim because there was no notice of substitution and all sides knew this was marked final, so he asked atty y what "he would like to do" with this case and atty y said "request for adjournment" and i said but why, i don't even have a counterclaim, that's not fair, these claims have been damaging me for long enuf, why continue it even more months adjournment once more!?

Great work, this is what you must do to end this farce.

Originally Posted by nycguy

... but yay, judge then said "i can't give it to you (adjournement, atty/plaintiff)! --because plaintiff has not appeared!--"

i don't think it was right when they had the first call he was silent then when they had 2nd call he stood up and said plaintiff since he had no authority, and he waited until he was identified by a Clerk who knows him in that county court to id him as an attorney from another firm than on file (what would have happened if he wasn't id'd?!?! and isn't that fraud upon the court in itself??)

anyway the judge entered DISMISSED WITH PREJUDICE, and i'm relatively happy this is over.

You have got the HOLY GRAIL!

Originally Posted by nycguy

i would like to know if i can use this dismissal somehow as some compelling evidence to get XX (credit card bank) to finally stop reporting this $22K to my credit bureaus?

Yes! There may be some appeals process you may need to work through, however, this decision should prove that you do not owe this money!

Originally Posted by nycguy

because as long as that continues i will continue to have to pay higher premiums, rates, denied morts and employment, etc...

i'm guessing if i did have a counterclaim it would not have mattered anyway, since it could have only been dismissed with or without prejudice, a judge can't rule for defendant just because plaintiff didn't show up, can he?

It depends on what your Counterclaim alleged.

Originally Posted by nycguy

and looking forward does anyone know if this case (and its decision) can be used as supporting evidence if i should decide to sue the creditor (for damages from negligent enablement of id theft, defamation) or the attorney (for illegal collections tactics, abuse of court process, perjury of records, fictitious affidavit of service, emotional stress, lost wages, lost employment opps, higher premiums...) ?

I cannot see why not.

Originally Posted by nycguy

if so i might actually do that with representation if i can find one on CONTINGENCY.

Check around. Of course you can do it yourself. However, you need time to prepare. It is harder to be the Plaintiff, you must prove your case.

Originally Posted by nycguy

since i am located in NYC, can I sue Amex right here in a nyc court or do i have to sue them in like a FL court or something?) and the collection firm is right here in ny. if i don't sue them at least i will work on a neat letter to the AG (someone help!!!)

The Debt Collector should have a office in the state, thus, I think you can sue them in your state court. Of course you must confirm this.

Originally Posted by nycguy

i am guessing the reason why they tried to slip in a hidden substition is somehow because i mentioned in my answer all along that i would hold them responsible for all damages they cause me for not resolving this matter justly... how come the judge don't automatically SANCTION atty's who try to do that?


and again i really need to get this fraud $22K unpaid amount off my credit reports ASAP that's my first concern!! does anyone have names of Amex legal?

Check with the Secretary of State.

Originally Posted by nycguy

and what ranges of monetary damages have ever been awarded by them for the sorts of damages i have faced since 2002 because of this? i could not find any civil cased... i would prefer to sue them in state civil court if such exists...

In most cases you will sue them in Common Pleas Court, most likely that is the court you were in.

Again, good work!

BOBT