wernda1234

Thank you; I believe you will win this one. The motion to withdraw their MSJ leaves your MTC as the only active motion before the court. As @fisthardcheese said earlier, Plaintiff's attorneys seem to be on autopilot and seem a bit sloppy. So, they will either move to close the case or not respond at all, and after 12 months, the court will close the case under Rule 41

So it was a motion to withdraw their MSJ? Can you post a redacted version?

Hi Mark and thank you for posting. Can you share more information on what is happening? From your post, I am going to guess that you have some sort of closed account on your credit report showing 2 late payments. You can try disputing that information in writing directly with the credit report agency or agencies. They will investigate, and if the information is incorrect, make the necessary changes. Otherwise, if the payments were late, then it stays on your report for up to 7 years I believe. I had this happen when I made two late payments on my mortgage. While I was able to get the balance current and eventually paid it off, those late payments stayed on my credit report for 7 years

I am sorry you are going through this. I have some questions that may help the group help you: While nowhere near an expert on NYC rent law, I have not heard of a 7 day notice to vacate; unless you were behind on your rent, they should have sent you a Notice to Cure for any tenant violation of the lease. However, it sounds like you agreed to leave. What paperwork did they provide and/or did you sign? Was there anything that severed the lease? Did they indicate that you owned the balance of the lease? Have you disputed the debt with the collections agency? The easiest way is to mail a written dispute to the agency, stating simply that you dispute the alleged debt and request verification. In terms of getting it off your credit report - I only know of two ways: you dispute it with the credit agency as inaccurate or incorrect and they agree to remove it, or if you pay the debt.

Update on this one - my friend was able to settle out of court and the case was dismissed

"Most of them, except the obvious questions about your name and address, should be met with an objection due to court being an improper venue and your pending MTC to move the case to arbitration. You must answer them within the allowed time" @fisthardcheese has provided how to respond.

Good afternoon. I do not believe the defendant has to set a motion hearing; the court will take care of that

Agree with @WhoCares1000; none of us are attorneys - if you have legal guidance from one, follow that.

So, no arbitration clause for Cap1?

Welcome to the board. Can we get more information? https://www.creditinfocenter.com/community/topic/242744-qs-to-answer-when-posting-in-this-forum-please-read/

@Xtreme98 Congratulations! I join @Jimmy E in a happy dance! If they refile, then you know what to do.

@Clydesmom thank you for the information. I appreciate the correction.

The reason I asked is that, under the Fair Debt Collections Practices Act (FDCPA), you can request validation within 30 days of receiving the initial notice of the debt from the collections agency. My suggestion is to contact the agency (USCB?) and get whatever information you can from them. If the debt is owned and accurate, I recommend contacting them to see if you can work out a payment plan or even see if they will discount the balance in order to get these cleared as quickly as possible.

Welcome to the boards! Can you give a bit more information?

Welcome to the boards! Tagging @fisthardcheese as excellent source of accurate and effective information about arbitration.