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served with "Petition" I think, been reading but m

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OK, I've read and followed links here like crazy and my eyes are hurting as I just get more confused.

I'm not sure if I've been served with a summons or not. It says on the top of the 1st page "Request For Judicial Intervention" (some of the text at the top was missing on the page because they taped it to my door with duct tape and it tore off).

The page then says Supreme Court, XXXXX County, then an index number, Judge Assigned with a stamp of his/her name with a notice of petition return day of 6/23/05.

The next page has a standard heading with Petitioner (MBNA and Respondant (Me). with an Index No. handwritten in and a file number (account number with MBNA.

It goes on to sate:


Please take notice, that the annexed petition of MBNA America Bank, N.A. by their attorneys, Fxzxxx & Gxxxxx, verified on May 7, 2005 the award of the arbitrator in the arbitration proceedings between the petitioner.....an application will be made to this Court atan IAS Part to be held at the Courthouse located at XXXX St....on the 23rd day of June, 2005 at 9:30 in the forenoon of that day or as soon thereafter as counsel can be heard for the judgment pursuant to CPLR xxxx confirming the award of the arbitrator and directing that judgement be entered thereon...

Please take further notice, that demand is hereby made for service of an answer and supporting affidavits, if any...

I left out a lot of bla bla that I didn't think was needed.

The history with these guys:

From a bad decision with NCCC debt management, my MBNA account went to Wolpoff & Abramson, went through arbitration which I refused following the advice here. The arbitration was of course judged in their favor. I DV'd them and received the original credit agreement (not signed by me) with a payment history. I have been making payments through CCCS (the legitimate, non-profit ones) and even wrote them letters pleading to accept the payment terms with no response from them at all.

Time passes and the account is then sent to a NY attorney who filed the above petition. At this point, I just wanted to pay the thing with what I could afford through CCCS. I send them 2 letters pleading a payment arrangement and they never replied at all.

It seems they just ignored my attempts to settle and make payments and just want a judgement after all this time of accepting the payments through CCCS.

Is this Petition an actual summons? I'm thinking it is since it has a court date of June 23rd.

Did I shoot myself in the foot by writing them and asking them to accept the payment plan?

The NY attorney already has a judgement on me for another account, which I'm making huge payments on so they don't garnish my wages or freeze my bank account. Does this have any affect on this case?

I tried to give enough info for you to help, hopefully I didn't confuse you. If I left something out that's key, please let me know. I'm not a total moron, my brain just gets lost in all this info.

Any help appreciated.

P.S. I'm in NY state.

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I am not familiar with your local court rules, nor do I know much about this type of arbitration, but you definitely need to respond to the petition and show up on the 23rd. You say you've been making payments to MBNA through your CCCS so what does your CCCS have to say about the situation? I'd just respond to the petition as required by your local court rules, then show up on the 23rd loaded for bear...your letters, receipts for your continued payments to MBNA, etc., etc. For pete's sake, MBNA is getting paid what they're owed already! What more do they want? :hmmmmm:

Definitely fight this as it would be so incredibly wrong for these maroons to be allowed to put a judgment on your record.

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It is an action to confirm the arbitration award, make it a judgement. You must answer. Call teh judges's chambers and ask if a personal appearance is required ( on motions they often aren't). There are limited defenses to this. They are in Article 75 of the CPLR http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS

If it means enough to you, hire a lawyer to help you with the answer. You don't have time to economize.

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Thanks for your replies.

There are limited defenses to this. They are in Article 75 of the CPLR http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS

I couldn't find CPLR or anything like it at that link. What exactly am I looking for?

If it means enough to you, hire a lawyer to help you with the answer. You don't have time to economize.

Would that cost a lot? I just don't have much money for a lawyer - much at all.

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