Verification made by affirmant and not Plaintiff

[Tootsie88]

If review my verification which reads:

State of New York

County of Nassau

The undersigned, an Attorney duly admitted to practice law in the State of New York, affirms the following statments to be true under the penalties of perjury:

I am the attorney of record for plaintiff; That I have read and know the contents of the foregoing complaint; That same is true to the knowledge of the affirmant except as to the matters therein stated to be alleged up information and belief and as to those matters I believe to be true.

(This is the part that raised an eyebrow)

The reason this verification is made by affirmant and not the plaintiff is because plaintiff is a corporation and does not have an officer readily available within the county wherein I maintain an office for practice of law and the undersigned is in possession of the salient papers in connection with the action here.

Signed: Pressler and Pressler for plaintiff Palisades Collection.

Can anyone explain the 3rd paragraph?

[BV80]

Doesn't make sense to me. OCs and JDBs often have attorneys in other counties and states who represent them, yet an officer or employee still signs the affidavit and sends it to the attorney who lives elsewhere.

Personally, I don't see how he can verify anything except what they told him.

[Guest usctrojanalum]

This is allowed in New York. And it is common on almost every single summons and complaint filed here. To get a judgment entered they would need affidavits from OC/JDB but to have the complaint verified they would not.

[calawyer]

California has a statute that permits an attorney to verify a complaint if the client is absent from the County where he attorney has an office (CCP 446a). My guess is that New York has a similar provision. In fact, you might check out CPLR 3020 to see if it applies to your situation.

[BV80]

California has a statute that permits an attorney to verify a complaint if the client is absent from the County where he attorney has an office (CCP 446a). My guess is that New York has a similar provision. In fact, you might check out CPLR 3020 to see if it applies to your situation.

I had never heard of such a thing. Learn something new every day!

[Tootsie88]

Thanks guys... with all that I've read coupled with my own personal experience, I find it extremely hard to trust anything coming from Pressler & Pressler aka Palisades Collection, LLC. aka New Century, etc., etc.

I find it hard to understand why anyone would spend over 100k for law school only to set up shop in this type of business.

[Guest usctrojanalum]

I find it hard to understand why anyone would spend over 100k for law school only to set up shop in this type of business.

lol, I hear you. It is very lucrative area though even if the attorneys are considered 2nd class citizens they are laughing all the way to the bank.

[Tootsie88]

lol, I hear you. It is very lucrative area though even if the attorneys are considered 2nd class citizens they are laughing all the way to the bank.

Lol yes you're right... the universe does require balance which is why they are flat broke in the integrity department.

[jq26]

I find it hard to understand why anyone would spend over 100k for law school only to set up shop in this type of business.

$$$$$. Try paying $1200 month in student loans on a $35k/yr public service job. Ain't happening. You'll starve or be in default.

From their point of view, they probably can't figure out why anyone would spend $100k/yr and then set up shop defending "deadbeats". It is just a matter of perspective.

[Guest usctrojanalum]

The attorney I work for sometimes gets referrals from the county bar association and every so often someone calls needing a lawyer to defend them in an action to recover money. My boss refuses to represent these potential clients because he believes that if they did not have the money to pay the bill they are being sued for, how are they going to have the money to pay him to defend it.

[nobk4me]

But don't attorneys have to do some pro bono work?

[Guest usctrojanalum]

Maybe in Ohio, not here.

[calawyer]

But don't attorneys have to do some pro bono work?

A few states may require Pro Bono work but not many. It is a major undertaking. You must provide the client the same zealous representation that you would a paying client. This may involve a trial and subsequent appeals. My point in all of this is when you hear about lawyers doing pro bono work they should really be commended because it can be a significant investment of time and expenses and you don't hear about a lot of other professions doing it.