• Content Count

  • Joined

  • Last visited

Community Reputation

10 Good

About ac_nyc

  • Rank

Profile Fields

  • Location
    New York
  1. OK, I'll try to explain myself as clearly as possible. I had a Sallie Mae student loan which defaulted (I thought I had requested a deferment or forbearance, but apparently it didn't get approved or completed). Anyway, as I said, the loan defaulted and although I had/have every intention of making regular payments again, I am definitely not able to do so right now and so I let it go for a while. After filing my taxes, I got a notice from the IRS stating that they applied my refund to offset my debt. It also stated that if I have questions, I need to contact the claiming agency and the agency l
  2. Good for you! I know the lawyer you mean. She has blond curly hair, right? Ugh. I hope you win!!!!
  3. Good for you! But just know that you might get a different judge and the lawyer may come with an old bill or statement and say that was the last time you paid. You have to be able to argue that "evidence" not be allowed because it was not given to you in the discovery phase per NY CPLR and explain why it does not prove anything other than you had an account and owed money at one point. That it does not prove payment history or when the last payment was made. You also need to explain why the Plaintiff does not have standing to sue anyway since they have not even proven they own the alleged deb
  4. Yeah, I found a law firm. The ones who have been unofficially helping me all along are now representing me fully. I'm SOOOO happy. They are pro-bono so I don't have to pay. It's such a relief. I had no idea about needing to state the laws to the judge. If I had known that, I would have in a heartbeat because I DO know them, but I assumed the damn judge would actually know them as well. Silly me- thinking a judge might know the law! Good luck!
  5. Yeah, I had the same question, but you can do either. I ended up typing up my own copy- I just copied their questions and added mine because I kept changing them for a while so I didn't want to have to cross anything out or whatever. It doesn't matter as long as you sign the bottom and get it notarized. As far as an update on my case, all my preparation and defenses turned out to be utterly useless in court. I was so upset, I can't even begin to tell you. So when the judge called my case up, I went up and told him that they had not responded to any of my discovery demands. The lawyer for Midl
  6. Civil Court of the City of New York County of (your county) Index Number XXX WRITTEN ANSWER CONSUMER CREDIT TRANSACTION Midland Funding LLC Plaintiff(s), -against- (your name) Defendant(s), Defendant (your name) answers the Complaint as follows: ANSWER: 1.General Denial: Defendant denies the allegations in the Complaint. SERVICE 2. Defendant did not receive a copy of the Summons and Complaint. (just FYI, the complaint was not included) 3. Defendant received the Summons and Complaint, but service was not correct as required by law. DEFENSES 4. Defendant does not owe this debt. 5. Defenda
  7. Lol, better make that princess, since I'm a girl! For my Answer to the Summons and Complaint, this is what I filed (I had some extra defenses in there, but it's better to have them and not need them.)
  8. Ha, ha! I'm the starter of this thread! Lol! I was double-checking some things because I tend to get really anxious about little details. Anyway, I'm happy to help. I am in the process of starting a blog where I'm going to have all the documents of my case, including the stuff they sent me, from start to finish so people can see exactly what everything looks like. I'm not including my name or the case number, but I'm trying to make a simple, step-by-step, documentation of my experience so people can get a decent overview of exactly what goes on and what things look like. I"ll post the link whe
  9. Whatever you do, just make sure you show up on the day of the motion hearing or they could actually get a judgment against you and then that's a whole other battle. Send them your answers to their interrogatories and bring a copy with you to the motion hearing so you can say that you did send them. (Again, make sure you send by certified mail so you have a receipt and can show the judge that you did in fact send the answers.) OK, so as far as a Bill of Particulars, here's what I sent to them. (And this doesn't have to be notarized, but still send everything certified mail.) Civil Court of the
  10. Ruby740, Not answering the interrogatories isn't that big of a deal. They can file a motion to compel you to answer, but they have to notify you that they made the motion and include the date of the motion hearing. If you haven't received a notice of motion, then don't worry. You can still send your answers. You should also send your own interrogatories and/or bill of particulars to get them to prove you owe anything. If you need me to, I can post what I sent in my bill of particulars. They have never replied and the bench trial is on Thursday so I intend to ask the judge to either dismiss th
  11. And for the record, all of my responses were checked by a lawyer who has been helping me (unofficially) with this case. I can't thank that law firm enough. They testified at a state assembly hearing to introduce new legislation on the debt collection industry and invited me to attend, which was extremely informative. I don't have the money to pay for a lawyer, but they have been so helpful and so far I'm doing well. The bench trial is set for July 2, so I'll know more then, but hopefully they'll end up dropping the case since they don't have any proof and they know I'm not going to back down.
  12. NOTICE TO ADMIT TRUTH OF FACTS (same header info as above) (Except these contain the actual questions asked with my answers included. My answers will be in red.) REQUEST is hereby made by plaintiff of defendant for the admission of the genuineness of the documents and the truth of the matters hereinafter set forth, within 20 days after service hereof upon you. Each question below requests an answer or information relating to XXX, Account Number XXX, and your responses should be directed thereto. TAKE NOTICE that if you fail to do so each of the matters as to which an admission is requested sh
  13. Sure, I'll copy and paste my replies below. Yes, you have to get it notarized, but it's not a big deal. After you print out your answers, just bring it to a notary and sign it in front of them. It's like $2. Then make a copy of the notary's stamp/signature for your records and send the original to Midland's lawyers by certified mail. It's a pain in the a$$, but it's worth it because they will pick up on every little detail you might miss or forget, so as long as you have your paperwork in order, they can't do much. I'm going to assume the interrogatories and notice to admit
  14. Thanks. I actually just spoke with an attorney who has been helping me on this case and she said not to file an order or motion but to wait until the bench trial because otherwise it will just cause the trial to be adjourned, which will drag the whole thing out longer. She said most likely the judge will order them to compel and give them a specific date to comply. Worst-case scenario would be the judge says I have to file a motion, in which case, I will have the paperwork ready to file. She said in that case, I should file an order, but it's more likely the judge will just tell them to respon