RJI 4 months after answer

[DNTFKWME]

I am hoping usctrojanalum or someone knowledgeable in regard to Suffolk County, NY credit summons cases will respond. I received 4 summons. 3 with the correct reference # and one with a different number. They also are issued to a person with "Jr." at the end of their name. I am NOT a Jr. and my Birth Certficate & passport reflect that. I filed my answer correctly and long before the cut off date. I also filed a Motion to Dismiss based on the incorrect name on the summons. I followed the instructions the County Clerk's office gave me and found out 3 months later the Motion to Dismiss was never forwarded to the Judge because it had been filed incorrectly based on wrong information. I was going to re-file the Motion to Dismiss again, but waited because it has been over 3 months with no response from the collector other than a letter offering a "payment agreement" which I did not respond to. The collector is Forster & Garbus and with their track record I feel confident I can be productive in advocating for myself. My question is that I received via mail copies of a RJI with no official county stamp or Index #. It is also over 4 months since I filed my answer. I have researched that the RJI MUST be filed/requested within 45 days of the JOINDER OF ISSUE. I feel confident that the filing of the complaint and the filing of the answer then initiated the JOINDER OF ISSUE. Both parties making their statement that there is a dispute. I am wondering if I should now file a Motion to Dismiss based on the fact that my answer was officially filed in the Court in the end of May and the RJI is dated OCTOBER 14th.

Thank you so much for you assistance - I've been reading your thread's and loving every one of them!!! So looking forward to hearing from you.

[Guest usctrojanalum]

A RJI only has to be filed within 45 days of the joinder of issue in Divorce cases or special proceedings, not in other types of actions.

I'm assuming since they are filing a RJI now, you did not file one when you submitted your original motion to dismiss? You would have had to done that to have your motion heard. Supreme Courts are much much different from District or Civil courts and cases move much slower.

Four months is actually pretty fast for a RJI in a debt collection case to be honest it is usually filed 6-10 months after joinder of issue. I'm guessing what they requested was a preliminary conference?

Your going to have to clarify what you mean by you received four summonses?

And what reference numbers are you referring to?

RJI's would not have an official county stamp on them, they file 2 in the court and mail one to you.

The motion to dismiss based on the name could work, but do not let it be your only defense because they are allowed to ammend the caption.

[DNTFKWME]

I cannot thank you enough for responding. What I meant by the 4 summon's is I received 1 at home with a different index # than the other 3. 2 more were delivered at home and 1 in the mail. YES, they have requested a preliminary conference. My Motion to Dismiss (according to the Clerk's office) "was never forwarded to the Court because it was done incorrectly". I did not file a RJI because I thought the Answer and the Motion to Dismiss was enough. I've been trying to figure all this out on my own and via info I get off the internet. I didn't find you & this site until last week (unfortunately). I now have the correct Motion to Dismiss forms and am in the process of getting them notarized (no easy task). I have had NO indication that Forster & Garbus have any documentation to support the amount is valid and/or that the account they bought is ours. I will file the Motion to Dismiss based on the fact that my husband's name is NOT "Jr." and his Birth Certificate and Passport substantiate that. Can I also submit a RJI due to the fact that I have NO indication that this debt is ours? What do you suggest. Forster & Garbus continues to send letters requesting we contact them to make a settlement agreement. I thought that was indication that they don't have the documentation. I sent them a copy of my (incorrect) Motion to Dismiss and they continue to send letters addressed to "Jr." I received a notice from the Court that the preliminary conference will be November 5. Any input/help you can give me would be greatly appreciated.

Thank you, again!

[Guest usctrojanalum]

Now that an RJI is filed, another one does not have to be filed so do not worry about that.

In the Supreme Court what happens is when a lawsuit is filed there is no judge assigned to it. A RJI (Request for Judicial Intervention) is a request that a judge be assigned to the case. You will get 1 of about 30 rotating judges in that part, and he/she will be your judge for the rest of the case.

Once an RJI is filed by either party, it never has to be filed again - ever.

In New York all you will receive is a Summons and Complaint. Nothing more is required to start a lawsuit. No documents, evidence, supporting affidavits or anything. They figure out everything else later through discovery. I think you should go to the conference on Nov 5. See what they are trying to do/offer. Tell them you are not agreeing to anything until substantial discovery has taken place.

Tell the other side you want proof that you owe the debt and you want proof that the plaintiff has standing to sue if they are a JDB. Forster and Garbus represents OC's, represents JDB's and even buys debt portfolio's for themselves. So they do it all, get this sorted out with good discovery questions.

I'll follow this thread keep it updated

[DNTFKWME]

The update is that I finally got the Motion To Dismiss correct and the Court Clerk accepted (I got someone different the last time and I think that made the difference everyone there just yells and doesn't help or answer questions)it and I was advised I will be notified by mail in approx. 2 months and I don't have to return on the "date to return" date that has to be filled in on the form (makes no sense). I wrote a letter requesting an adjournment on the preliminary conference stating I could not be available the date set and that I never received any communication from F&G prior to the complaint being filed and the Summons (4) being received and that all the communications are addressed to the wrong name and that my legal name is not "Jr." I spoke to a very nice man at the Court 'Part' and he was very informative stating that I need to fax a letter to the Court and the Atty (F&G) requesting another date be sent. He said he couldn't give his opinion or advice but he asked if could know the name of the Atty. and when I told him he laughed - I know F&G are notorious for not following procedure and process. I didn't hear anything back for 2 days after requesting the adjournment and the preliminary conference was set for today @ 10 a.m. There seems to be no reliable way to get information or follow up. Should I now just wait?

Your input is priceless!!

[Guest usctrojanalum]

The update is that I finally got the Motion To Dismiss correct and the Court Clerk accepted (I got someone different the last time and I think that made the difference everyone there just yells and doesn't help or answer questions)it and I was advised I will be notified by mail in approx. 2 months and I don't have to return on the "date to return" date that has to be filled in on the form (makes no sense).

Okay this is good. The clerk is right you will not need to show up on the "return date" motions in the Supreme Court of Suffolk County are done on a submission basis. Which means the motion is submitted, and if there is opposition to that motion it is submitted too. This is all done on papers. The judge will make a decision based on the papers submitted. Decisions can take 2 months like the clerk said. However, the good thing about Suffolk Supreme is you can track your case online.

Google "eCourts" and then go into "Web Civil Supreme" and you can search your case up by index number, plaintiff, defendent, and county.

I spoke to a very nice man at the Court 'Part' and he was very informative stating that I need to fax a letter to the Court and the Atty (F&G) requesting another date be sent. He said he couldn't give his opinion or advice but he asked if could know the name of the Atty. and when I told him he laughed - I know F&G are notorious for not following procedure and process.

If you faxed a letter to F&G and the court requesting an adjournment (and it was the first time you did this) your case will be adjounred and you will get a new date in the mail. Follow your case on eCourts and just remember when something says "appearance date" does not actually mean you must show up. The word appear in New York Courts does not actually mean having to show up.

[DNTFKWME]

I cannot thank you enough! I have been somewhat frantic all day. I was concerned that I missed something on the request for adjournment - I felt compelled to call and ask if it was accepted, but then I got the feeling that since the man who directed me on how to do that didn't say to follow up or that there was a possibility that it could be denied, it was a 'done deal' so-to-speak. He seemed to be very focused on the fact that I never received a single piece of paper from Forster & Garbus prior to the Complaint being filed and the first I knew Forster & Garbus was attempting to collect this debt was when the Summons arrived. Is there anything in regard to the Summons being issued 4 times - I mean come on - it's harrassment. Then to send a letter that simply says "I am in receipt of your Answer, please call me to arrange a settlement" when the Answer clearly states the debt is being disputed and that documentation is requested. I guess the motivation is continually to get the Defendant to call and make a payment arrangement. The problem is when you attempt to do that the creeps want a couple of thousand dollars up front and then monthly payments. If a person had a couple of thousand dollars; they would have been making the payments.

So I suspect it's the waiting game, again, now. Perhaps F&G doesn't have anything to provide in Discovery and that is why they just keep asking for a settlement or they just are so disorganized they don't communicate effectively. They never respond to the Summons being issued in the wrong name - they may think they have proof otherwise, but they don't inform the Plaintiff. What a total waste of tax money - really pitiful.

Thank you so much - I will see what I can find on the website - I've tried the Clerk's website and all it does is reference the ID#.

Have a wonderful weekend and thank you for being so considerate and generous with your time!! If I had a clue where/who you are I'd send you a fabulous bottle of something... (big smile!!)

[DNTFKWME]

I just checked the website you gave me & thank you for that!! It shows that the 11/5 "First on" was adjourned and then states 11/19 "On for Trial". If you could clarify that, it would be great. I mean how can there be a Trial when there is a pending Motion To Dismiss and there has been NO discovery of documentation to support the Plaintiff's claim? Or is that just the procedure?

Thank you!

[Guest usctrojanalum]

There is absolutely no trial yet, trials cannot happen in the Supreme Court for at least 1 year. There needs to be pre-trial conferences, compliance conferences, certification conferences the earliest a trial can ever be done is 8 months if the case is on fast track. The case is most likely on standard track which is 12 months.

I am assuming your motion is on for 11/19 which is a Friday. I believe Judge Molia holds her motions on Friday, is she the judge assigned to your case? Hopefully it is she is a really smart lady and knows her stuff.

[DNTFKWME]

It doesn't say the name of the Judge. It just says DCM in the space where they list the Judge. So what should I expect? Just go and see what the Attorney for Foster & Garbus says? What should I be prepared to bring or say? I have asked in the Answer and in the Motion for SOME substantiating information regarding this debt, the Summons being issued to the wrong name and the substantiate where the amount is coming from. Should I file anything else. The guy I spoke to when I filed the Motion To Dismiss said to do nothing until I get notified by mail as to whether there is any opposition to the Motion and the decision by the Judge. He said that would take about 2 months and to just wait until I receive something in the mail. I told him I had a preliminary conference on 11/5 and he said "It doesn't hurt to go to that" and I told him I had already requested an adjournment. He said "Just wait until you get something in the mail in response to your Motion". I would think the next thing I'm gonna get in the mail is the notification to appear on 11/19 and if I go to that and the Motion To Dismiss is still pending won't that open the case up so-to-speak. I don't understand why there is still movement on the case when a Motion To Dismiss is pending. I'm trying to avoid any contact with F&G until there is a response to the Motion and I understand I cannot do anything about being told to appear on 11/19 since I can only ask for an adjournment once. What about writing a letter to F&G explaining I filed a Motion To Dismiss (which they got a copy of - I got the return receipt) and inform them I will not discuss anything until I receive something to substantiate the debt and ask them to respond to the fact that all the Summons were issued to the wrong name? Or do I just have to surrender to the fact I must appear on 11/19 and if so, WHAT do I need to bring? Do I need to have the request for interrogatories and/or discovery with me? I already have asked for documentation 3 times - in the Motion, Answer and request for an adjournment. There doesn't seem to be any resource that give concrete answers and not knowing the correct information is quite dangerous. If F&G gets us in a room with a Judge and wants to make a settlement arrangement I feel I don't have to respond to that until the Motion To Dismiss is determined. Or maybe the Court just assigned an arbitrary date and there will be a communication from F&G. I've read about some cases where the Defendants were given paperwork from the Plaintiff to attempt to substantiate their claim via mail. F&G just ignores my requests.

Thanks for all your continued help & invaluable input.

[Recovering Attorney]

Maybe you were sued on more than one debt by Forster & Garbus.

They have tended to use the RJI as a way to get a conversation with the debtor and the judge. And they'll do i tin cases where the issuer is a good paper keeper, such as Citibank, CapOne or Discover

[DNTFKWME]

Thank you for your input, but no - this is not a duplicate, nor have I ever even heard of Forster & Garbus until the Summons (4) were issued. It is not Citibank, Discover or the other creditor you mentioned.

Today I received an envelope with a copy of everything I submitted and a copy of the Amendment Forster & Garbus filed with the Court stating they "respectfully" admit they made an error and truly meant to file the complaint against me without the "Jr." at the end of my name and they send me a copy of 1 statement dating back about 2 years ago. I didn't recognize the creditor listed on the complaint because it is NOT the same as the name of the creditor on the statement.

I'm really not sure what to do now other than to write Forster & Garbus a letter explaining the confusion and asking for further clarification. Or am I better off waiting to discuss this with a Judge present. If it is the Creditor I believe they are referring to - I tried relentlessly to negotiate a payment agreement with them - sometimes being on the phone with the guy for 40 minutes or over an hour. He threatened to charge a credit card of mine he said he "found the account # to" and I informed him that is illegal. He also stated that I "am living in my nice home in _____ with all my beautiful furnishings and things"... as if he'd been in my home. I explained that he has NO clue how I am living and that I felt he was making this into a personal matter and I explained I have the right not to be harrassed and he abruptly ended the conversation and I never received another call or any communication via mail. I never received any communication from Forster & Garbus until the Summons arrived @ my front door with some girl who didn't identify herself nor would she answer any questions. I tell you this country is a MESS and there is NO courtesy or empathy for those of us who have been ''downsized" and are just trying to hang on....

Thank you - I cannot really express what a relief this site has been for me.

[DNTFKWME]

I guess I'm not going to get a reply & the clock is ticking. I received another notice to attend a re-scheduled preliminary conference on 11/19. In the meantime the Plaintiff filed an Amendment stating they meant to serve (the name with no Jr. at the end) and they send me a copy of that and a copy of 1 credit card statement with no charges, just the balance due.

I don't understand why the process continues while the Motion To Dismiss hasn't been addressed/answered.

If anyone that visits this site can give me some input, I would be grateful.

[Guest usctrojanalum]

Was your motion to dismiss based solely on the wrong name on the summons? If that was the case, I do not know if it will be effective because the Plaintiff is allowed to ammend the caption if a mistake has been made, especially when the mistake is not a material one such as the placing of a "Jr" on the last name when one is not a "Jr."

Also if you are claiming you are not that person in the caption, you would not have standing to bring the motion to dimiss anyway because if you are not the person in the caption you are not allowed to answer the summons on behalf of another person if you are not an attorney. So you are in a real catch-22. Show up to the prelim conference friday and see what happens.

On eCourts is there a little "M" on the right side of the case that you can click. The "M" stands for motions pending and you can click that to see what motions are pending. If there is a "D" that means that a decision has been made and you can read that decision.

[DNTFKWME]

Thanks - too bad you didn't post all of that in your 1st reply... you just said that filing the MTD due to the "Jr." "might work". I did file the MTD solely on that. I am the Defendant. I am trying to avoid having to take a day off for the pre-trial conference which will be pointless - they will push for a settlement and I will continue to request what I am entitled to. It's all efforts to get people to 'fold'. I'm not going to do that. I have rights and I am pursuing them. I found additional errors F&G made and I filed additional Motions and I notified them they have not sent me sufficient documentation to substantiate the amount they are seeking as well as they haven't provided me with the proper documentation by law. I've had to take a lot of time off due to a serious medical problem so I'm trying to avoid taking another day off that isn't going to accomplish anything.

The case has the "m" - the Motion to Amend the name - wish I knew about that previously and my Motion requesting dismissal. Obviously no decision has been made. I know I can't request another adjournment and I'm sure F&G has someone there every day so it's no big deal to them. Until I have satisfied exercising my rights - I'm not going to surrender to the pressure and threats. They sent me 3 last pages of a statement - with random dates. They have substantiated nothing other than there is a debt in my name.

Thanks for your help.

[Guest usctrojanalum]

You can request another adjournment but this one will have to be on consent i.e. you will need F&G to agree to it. To be honest, no one likes showing up out in Riverhead they are likely to agree to an adjournment.

Call up F&G get an attorney on the phone and tell them you would like to adjourn the appearance that is on friday. You will have to do this by stipulation. A faxed stipulation is fine. If you want I have a sample stipulation that you can use or you can ask them to draft one up.

[DNTFKWME]

The original notification clearly states you can only request an Adjournment ONCE. I have already requested that and it was granted.

You also have stated I should attend as well as have stated just because you've been notified to appear that doesn't mean you have to go.

Confusing and contradictory info consistently.

Thanks, but I feel confident I've got it from here.

[Guest usctrojanalum]

The original notification clearly states you can only request an Adjournment ONCE. I have already requested that and it was granted.

You can get an adjournment 1,000 times in a row if it is on consent. Meaning both parties agree to it.

Edited November 17, 2010 by usctrojanalum

[Guest usctrojanalum]

You also have stated I should attend as well as have stated just because you've been notified to appear that doesn't mean you have to go.

Confusing and contradictory info consistently.

Yeah it can be confusing, but there are different type of calendars. There is something called a motion calendar and a conference calender and a trial calendar. Motion calendar you do not have to appear even though it says appearance date. Conference and trial calendars do require an appearance. It's really up to you.

You keep saying you can't get off work you don't want to miss a days pay. Well unfortunately if you take this all the way to trial you will probably miss 10 or so days of work at minimum.

[Guest usctrojanalum]

Okay, so I just looked up Forster and Garbus on eCourts and through the process of elimination I was able to figure out which case is yours.

You filed your motion to dismiss on 11/3/10 and they filed their motion to amend the pleadings on 11/9/10. Both of the motions were submitted on 11/17/10 which was yesterday. Now relatively soon, you will be getting a decision. I would not be surprised if you got one within 10 days or so.

Their motion to amend the pleadings was "fully submitted, no-opp" meaning you did not oppose this motion and they are likely going to have the motion granted.

Your motion to dismiss was "fully submitted" and that means they opposed your motion to dismiss, did you get their opposition to your motion in the mail? The judge is going to read both papers now and make a decision. Good luck.

[DNTFKWME]

First of all I never wrote that I "don't want to loose a days pay". I clearly stated I do not want to utilize all my remaining time - it never was about "loosing pay", nor would it be. I don't "loose pay" on days off.

There was no need or justification for looking up my case - although you did -I really do not appreciate you posting the particulars of what you learned from going to the e-court site. That was very inappropriate and I did not request that you do so. I did thank you for informing me about the e-court website option and I did respond by posting what I learned there. I don't know why you would feel there was any need to go to the site to "figure out which case is" mine. Regardless of why you felt the need to do that, I feel it is a violation of my right to privacy for you to POST the confidential particulars of my case. I request that you do not post my case information again should you choose to continue to follow it.

I realize and appreciate you are motivated to help people here on the site and that you are generous in sharing your knowledge and giving of your time. Unfortunately, as I've previously posted, your information has been consistently contradictory and confusing and at this juncture a significant amount of it has been incorrect. My intention is not to initiate any argumentative postings or to be adversarial. I hope I have made myself clear and you will not post any further information regarding my case. I have taken the necessary steps to meet the requirements of defending myself and have been extremely successful to date. I do thank you for the parts of your information that was correct and I request that perhaps you should proceed with caution in the future regarding your postings. The situations that most of us who are posting are quite complex, stress and overwhelming. Receiving conflicting and incorrect information is quite damaging. Honestly, I am quite angry that you took the time to decipher which case is mine and that you now have breached my animinity; which is a violation of my rights. Hopefully other people who post on this site will read this and be forewarned.