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usctrojanalum last won the day on December 11

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  1. usctrojanalum

    Sued by Cavalry SPV I, LLC

    No - discovery happens after you answer the complaint. Being that you are in District Court, not Supreme - doing a motion to compel arbitration has no filing fees. The district court does not have e-filing so you need to do it hard copies. It's probably best to do it in person, because filing a motion is not as easy as it sounds. You have to worry about timing, filing out a notice of motion page properly, etc., CPLR 2214 is your friend for that.
  2. usctrojanalum

    Sued by Cavalry SPV I, LLC

    If you are sued in Supreme Court - motion to compel arb is expensive - $140. If you are being sued in the district court, it's free. I don't know if that changes your thoughts on how to attack this. I don't think you need arb to beat them. A law firm I interned at 2 years ago beat two JDB's without using the arbitration technique, just keep pressing the other side in discovery for documents and witnesses that the JDB could not provide.
  3. Yes, You are permitted to use efiling. You have to make an account with NYSCEF. By using efiling system, you can just scan and upload your files and it is considered served. No need for affidavits of service or having other people mail your documents. And you do not need to go to the courthouse.
  4. usctrojanalum

    Sued by Cavalry SPV I, LLC

    This is only when you are served by a method other than personal delivery. The clock starts running immediately on personal in hand service. You also do not count the day of reckoning, so technically on personal delivery, clock starts running next day.
  5. I think you got awful advice tbh. I do not think JDB's have the necessary documents or witnesses to prove their claims. If I were in your position, I would definitely not call to make not call to make any payment arrangements. Is your case e-file? efiling is convenient better than going down to the courthouse.
  6. Thanks for the tag BV. The most important thing you want to do is answer the complaint, so there is no default judgment entered against you. If you have the means to hire an attorney, I can recommend a couple in the Long Island area. I can also recommend an attorney who provides limited scope services (meaning he will draft an answer on your behalf, but you would represent yourself -- a much cheaper option than full representation). If they mailed the summons and complaint to your door, you would want to check the affidavit for what is called "due diligence" under CPLR 308(4). If due diligence is lacking, then you can make a motion to dismiss the complaint.
  7. usctrojanalum

    Sued by Cavalry SPV I, LLC

    Looks good enough to where you will not be defaulted and get a judgment against you. You may want to give Nassau Suffolk Law Services Committee a call to see if you qualify for their services. They provide free legal services. You have 20 days from November 29 to answer. And yes, if you think you are comfortable using the e-filing system you can electronically file the answer. I think it's a pretty convenient system.
  8. They would not need to start a new case. There is a procedure in CPLR 321 that can be followed.
  9. Based on what you said, it sounds like Calvary has retained new lawyers. It is likely they would be substituted in as the counsel and GR would be out.
  10. usctrojanalum


    A turnover order, as called for in N.J.S.A. 2A:17 63, is granted if there has been a levy on a "debt due" a "judgment debtor" and the "garnishee" admits the "debt." Pulled that from a google search.
  11. You should state that you werent properly served as a defense. You should also make a motion to dismiss based on lack of service. You should go to kings county claro to help you do this.
  12. Judgments can be enforced for 20 years from the date of docketing. Interest at 9% per year compounded annually can really add up, especially on a judgment that is very old. If the new attorney did not serve you with a notice about the judgment generally, then they have not complied with CPLR 5222(d) and (e). The actual notice that must be sent is actually written directly into the statute. The only pitfall there really is that the attorney only has to send it to the last known address, and if the address is not updated then the statute says too bad for the judgment debtor. You could make a motion to vacate the restraining notice on those grounds, but it might not be easy to do yourself. CPLR 5222(e) is very long winded and not easy to understand.
  13. usctrojanalum

    Per Diem Attorney

    Hi there, sorry for being late to this party. First two weeks of law school have been hectic! So, If I am understanding you, you hired an attorney, and the attorney hired a per diem in lieu of appearing at a court date himself. This is a common practice among attorneys who are litigators. Sophisticated corporate clients know that this will generally happen a lot, especially in non high stakes litigation. Best practice when dealing with a consumer client would be to have it in the retainer agreement. The attorneys I have worked for in the past have included language in the retainer that says something along the lines of "client understands that I run a busy litigation practice and may have multiple court dates in multiple courts on the same date. client approves my office hiring a per diem attorney to appear on your behalf if the need arises" If the attorney does not have it in the retainer agreement, I am aware of no rule or ethics opinion where it is not allowed.
  14. Also, just to clarify, when I said "any" date you want. The minimum is 8 days advanced notice. So you can't run down to courthouse this afternoon and put it on for tomorrow.
  15. The process of filing a motion ='s 1) RJI Form filled out and signed by you - $95.00 2) Notice of Motion - $45 You can pick any date you want at 9:30 in the morning, if the judge who is assigned does not hear motions on that date, it will simply be adjourned to the next date that the judge does. 3) Your affidavit in support of your motion which one portion will include relevant facts (this will include exhibits); another portion will include relevant law. 4) No need to mail physical documents, or fill out affidavit of service. However, judge will likely want a hard copy of the motion. Judge will likely want numbered exhibit tabs.