Dirty trick maybe??

[nydeemarie]

Defendant's attorney just returned my Notice to the Court Refusal for Cause.. Her enclosed letter states.. I hereby reject your Notice to the Court Refusal For Cause dated April 2, 2007 as it does not comply with the Civil Practice Law and Rules of the State of New York. Her letter is dated April 5, 2007.. enveloped stamped April 6, 2007.

I see the packet of papers has been opened and my notary certification page is absent from it now.. though I have certified under penalty of perjury on the Notice itself.. notarized there also..

The Court accepted a similar Notice from me in just a letter form by fax.. and responded to it...

Anyone familiar with Civil rules pertaining to this.. and the fact that she opened and changed the packet she refused? Should I be sending a letter stating the packet you refused is not the same one sent? TIA...

[Akira-]

I am not familiar with your situation...

However, it would not be unusual to R4C the 2nd letter, as well.

[nydeemarie]

Thanks Akira-

I was thinking something similar, but now maybe include copies of my Affidavit of Service by US mail.. and certs to the other parties of interest served. ie Judicial Commission. State AG etc.. A record before I attempt to file at court?

Should I just refuse for cause her letter(red inked)? the whole packet must go back? include the copies as mentioned above, and/or draft a new letter that the packet returned was incomplete as sent?

[charlesa6]

It's don't matter, whatever they send you send it back refusal for cause, and make a copy for your record. As long as you are making a copy for your record, you will do just fine. At the end of merry-go-round with refusal for cause, file all this docs to your case.

(Refusal for Cause Without Dishonor Without Recourse)- U.C.C. 3-501 Write it in full.

[nydeemarie]

Thank you charlesa6.. will do..