concernedinny 0 Posted March 2, 2016 Report Share Posted March 2, 2016 I filed my response to bring served back in September via certified return receipt. Both the court and Calvary received it but I haven't heard a peep since. What do I do? I don't want to stir the pot but if I can get it tossed out because no one responded, that would be awesome. Quote Link to post Share on other sites
CCRP626 430 Posted March 2, 2016 Report Share Posted March 2, 2016 Check your county court website for your case number to see if any activity. Wasn't there info on the summons indicating appearance detail? Quote Link to post Share on other sites
Guest usctrojanalum Posted March 2, 2016 Report Share Posted March 2, 2016 Your likely not going to get a response. And in a year you can bring a motion to have the case dismissed for lack of prosecution, CPLR 3216, but there are conditions precedent that need to be met. Blog post about CPLR 3216: http://arpinolaw.com/lawyer/2015/07/30/Consumer-Law/New-York-CPLR-Rule-3216-Want-of-Prosecution_bl20686.htm I am going to PM you with the recommendation of two attorneys I use who are really good at this stuff. Quote Link to post Share on other sites
numbersguy 21 Posted March 4, 2016 Report Share Posted March 4, 2016 If Schachter Portnoy is Cavalry's attorney and the amount in question is a couple of thousand dollars or less, chances are the suit will either lie dormant or eventually be withdrawn by them since you filed an answer. Schachter Portnoy may be related to Cavalry as they share the same address in Valhalla, NY. If you go on the NYS Courts' Electronic filing web site and research Cavalry cases in Westchester and/or Rockland counties, you will see that Schachter/Calvary (like most JDB's) file in bulk looking for default judgments. For the most part, where answers are filed in response to their suits, the claims aren't pursued. Quote Link to post Share on other sites
