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Being sued in NYC civil court


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I received a summons last wednesday and I have been gathering infor to make my answer probably by next monday or tuesday. I live in NYC queens to be exact and I am being sued by A$$et the original creditor was a computer company. I am trying to get a definitive answer of what I can file along with my answer such as a sworn denial, and a court order for pre-action discovery. But I can't find anyone here that is from my part of the country for any examples. (I have been looking but with all the information my eyes starting crossing after a little while...I'm starting to feel very overwhelmed)

The three causes of action are

1. breach of contract

2. had and received

3. account stated

the original creditor is in Cali. and the sol for obligations w/contract is 4 yrs w/o is 2 years in ny according to cplr 202 foreign companies can be subject to ny's limited sol of 4 yrs (for store credit cards) and sol where the damages occured this is usually in the state the company has its headquarters or is incorporated. Any help will be greatly appreciated:)

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Laws of New York

These are the rules of civil procedure for NY. Be advised there are different courts, and they have different rules. NYC differs from the state, etc. You have to tell us exactly what court this is. The amount of the suit usually determines this. Asset is a junk debt buyer, that is a plus for you. They bought this from Dell, how hard was that to figure out? JDBs have a hard time proving their case. The SOL will be determined by a couple of things; the state in which the original creditor resides, the choice of law provision in the original agreement, and maybe your own state. Post the complaint and the date of default.

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This is in Queens County Civil court NYC

the date of default is 10/19/2008 based on the assumption of a last payment made earlier that year which is incorrect because I did not authorize that payment. My bank recognized that and gave me provisional credit for it.

Here are the details of the summons: allegations and causes of action

1. that at all times relevant to this action the plaintiff was and still is a foreign corporation, having an office and place for the regular transaction of business at the address set forth above.

2. upon information and belief, at the time of the commencement of this action defendant resided at the address in the caption of this action in the count of Queens and state of NY.

3.that the plaintiff holds and continues to hold a valid new york city debt collection license under license number (no number).

first cause of action -breach of contract

4.that the defendant entered into a credit card agreement with dell were in dell agreed to extend credit to defendant and defendant agreed to repay any monies advanced.

5. Dell issued a credit card in the name of defendant under account number xxxxxxxxxx4814

6.defendant used or authorized the use of the credit card and thereby incurred charges.

7. By using and/or authorizing the use of the credit card defendant accepted the contract with dell and became bound to pay for all charges incurred with the credit card. Defendant also became subject all of the terms and conditions of the credit card agreement.

8. thereafter, defendant breach the credit card agreement by defaulting on the payment obligations contained therein. Such breach of contract proximately caused dell damages in the amount of the balance due on the credit card account.

9.That the agreement between the defendant and dell was assigned to the plaintiff or the plaintiffs predecessor and the plaintiff is now the owner and holder of the agreement.

10. That the defendant now owe the plaintiff $2140.52 plus interest from 10/19/2008 at the statutory rate of 9.0%

11. That no part of the amount due and owing has been paid although payment has been duly demanded.

Second Cause of Action Money had and received

12. plaintiff repeats and re alleges each and every allegation set forth in paragraphs 1 through 11 of this complaint with the same force and effect as if same were set forth more fully herein.

13. In the alternative, and without waiving the foregoing, defendant received and used (or authorized the use of) the credit card knowing that dell expected to be repaid for all charges incurred with the credit card. With each use of the card, expected to be repaid for all charges incurred with the credit card. With each use of the card, Dell paid money on defendant's behalf to the merchant. defendant is liable for repayment of such terms under the doctrine of money had and received.

14. that the agreement between the defendant and dell was assigned to the plaintiff or the plaintiff's predecessor and the plaintiff is now the owner and holder of the agreement.

15. defendant now owes plaintiff $2140.52 together with interest from 10/19/2008 t the rate of 9.0%.

Third cause of action-account stated

16. plaintiff repeats and re alleges each and every allegation set forth in paragraphs 1-15 of this complaint with the same force and effect as if same were set forth more fully herein.

17. in the alternative and without waving the fore going prior the commencement of this action statements of the claim were sent to defendant which defendant accepted and retained without objection.

18. Defendant now owes plaintiff $2140.52 together with interest from 10/19/2008 at the rate of 9.0

where fore plaintiff demands judgement against defendant for the sum of $2140.52 plus interest from 10/19/2008 at the rate of 9.0% together with the costs and disbursements of the action.

Yeah I saw that there is a huge difference in law between city and state. In the state the big problem is people being served properly because the laws of serving it seems are looser in the state than in the city. Any help would be really appreciated.

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