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About Jl130

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    New York
  1. Thank you for the advice, I will look into this also.
  2. Thank you for the reply! it was very insightful for whats to come, my main concern will to getting the judgment vacated because as you said, we do have so much in our favor if the judgment can be vacated and trial is resumed. Will the plantiff be contacting us all via mail and what can we do if we don't sign the judgment, will the judge force us to?
  3. Thank you for the pointers, he hasn't received any notice of judgment from them yet, I will look into attorneys, the only problem is he is in a tough financial situation and may not be able to afford one, how much is it for a court visit from a lawyer?
  4. Thank you for the link, do you happen to know how much time I have to write this motion? and what is the procedures for this motion, sent to the plaintiff's lawyer and to the court?
  5. Thank you for this BV80, just trying to figure out how the non-English proficiency can be used as a basis for vacating a judgment, like actually writing it on the vacating letter. Do I cite this case in my letter?
  6. No they definitely didn't have enough, which is frustrating part, I don't know if the inability to understand proceeding part work bc it only applies to mental defect or illness
  7. So he should be expecting a letter from them before they enforce judgement by garnishing his wages and assets? I need to let him know so he can be ready for whats to come. Thank you for your help shelieh98
  8. Yep, meaning past week, how long does he have to file the vacate judgment? In another words, how fast does the judgment occur which his wages are garnished?
  9. Really bad news everyone, I just checked the family's members court date and it was this week, he got the time wrong! I don't know what to do now, should I expect a judgment letter in the mail now? or will there be no notice
  10. Thanks for the information, so is it better to settle if they do present the right evidence then get a judgment then settle with them? Just preparing for the worse, if the defendant has a joint bank account and he removes himself from it, can it still be levied?
  11. I am not sure as the first two meeting was very informal, whats the difference between the trial or the pre-trial hearing.
  12. I think I researched the arbitration route but it wasn't in chase's cardholder's agreement. was your arbitration also from chase?
  13. Hey everyone I have a question regarding judgement in NY state court, I will be translating on my family member's behalf on his third court appearance, during the last court appearance, I questioned the JDB's credibility as advised. So the Judge postponed the next meeting so the plaintiff can bring some real evidence in. My question is if they do indeed prove they have legality in the debt by bringing in all of the documents needed. What are my options? Do we have the option to settle or will a judge place a judgement on the defendant immediately and force him to pay full amount? or is the judgment only placed if the defendant refuses to pay. I am not familar with NY state court procedure, please reply with any information.
  14. Thanks for the reply, I don't think he can find any bank records that far back but I will look for sure. any tips in court if my motion in limine does not work, how do I know what the plaintiff is gonna offer in court is good evidence, and how do I know when I should question it. I think the plaintiff's lawyer will bring along statements again, is that sufficient evidence?
  15. Thank you for the direction, got a lot of homework to do tonight