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usctrojanalum last won the day on February 14

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  1. usctrojanalum

    Medical bill not mine

    Just FYI, In NY parents are responsible for medical bills of their children up to the age of 21. You may just want to make sure your jurisdiction does not have a similar law.
  2. usctrojanalum

    Midland Funding Suing In NY

    Better to be over-inclusive than under inclusive.
  3. usctrojanalum

    Midland Funding Suing In NY

    Do both. Put it in your answer the "papers filed in the lawsuit" and send a demand.
  4. usctrojanalum

    Midland Funding Suing In NY

    Raise the issue of service in your answer. There is a good reason for this. If you get the case dismissed, and they reserve you a second time, if they voluntarily dismiss the second action it operates as with prejudice. If the service is good anyway, it's not a big deal that you raised it. Only drawback is, you have to make a motion to dismiss on that ground within 60 days or the defense of lack of service is waived. Handling multiple motions can get tricky/expensive. In NY, can serve any day of the week except for Sunday.
  5. usctrojanalum

    Quick 1099C question

    This is correct. Chase was given back a lot of accounts that it thought it washed it hands of.
  6. usctrojanalum

    Midland Funding Suing In NY

    Yes, in addition to rules that govern all courts like the CPLR; the courts themselves have their own local rules which can be found in the NYCRR called the Rules of the Trial Courts. And even within the same court, individual judges have their own unique rules. It is a rules nightmare. I know a lot of lawyers who are not the greatest litigators but they win cases because they have a mastery of all the rules.
  7. usctrojanalum

    What happens when you can’t pay judgement?

    Don't know if they use bots, but CRA's do purchase the civil judgment data in bulk from third party data companies like LexisNexis and Westlaw. That's why whether a civil judgment shows up on a credit report can vary wildly.
  8. Yes, I agree totally. I was specifically answering CM's question about why these collection practices are allowed to go unchecked. The government could pass laws protecting municipal and government debtors if they wanted to. But the government will never do that because no one cares about them.
  9. usctrojanalum

    Midland Funding Suing In NY

    Yes, that format should be loosely followed. Your potential motion will not be nearly as complex as that one however. Maybe try and find a New York one.
  10. For the same reasons that no politician was ever elected because they are soft on crime; no politician ever got elected because they were a champion for the consumer debtor. Those constituents just do not have powerful lobbies. Every once a while a local news station will run a story about how some poor consumer is getting wrongly worked over by a state toll company or a collector for a municipal debt; that gets that persons situation righted and a promise that such conduct will not happen in the future, but usually those are just illusory promises.
  11. FDCPA does not apply to these types of debts.
  12. usctrojanalum

    Midland Funding Suing In NY

    Yes, the $95 RJI fee is the request for a judge. NY practice is very different from Federal practice. In NY, a judge is not assigned until a plaintiff or a defendant requests one. That's why it is sometimes wise to wait for the plaintiff to move the case along because you can get out of paying the $95 if you don't make the first move. I would say it is pretty rare that a defendant would file an RJI and pay the $95 first, it would be under some pretty unusual circumstances.
  13. usctrojanalum

    Midland Funding Suing In NY

    You will be in litigation once you are served and file an answer. The game sort of steps up when a party requests a judge. Once you opt into e-filing, you will get email notices of your case going forward and all documents are served via email. General denials are permissible. But I would believe it wise to also assert affirmative defenses and not just a blanket general denial.
  14. usctrojanalum

    Midland Funding Suing In NY

    This is impossible to know. In practice I've seen plaintiff's move the case and pay the $95 after a week, or after a year, and even after a decade. There was even one crazy personal injury case in New York City where the RJI fee was paid 22 years later and the court allowed the case to proceed. If you are able to find other midland cases online, you may be able to see on average how long it takes them to file the RJI.
  15. usctrojanalum

    Midland Funding Suing In NY

    I'm not advocating one position or another. I think both have merit. I just want to put out as much information as possible so that Shelly can make an informed decision about which path to take. One thing that is certain, the decision does not need to be made at this very moment.