I recieved a letter from a law firm regarding an electric bill from my previous residence.It's my bill and i sent check (for the entire bill)with payment in full wrote on the bottom of it.They cashed the check without writing anything on it to dispute the restrictive endorsement. 2 days later i get served papers for a "consumer credit transaction" I send copy of check and tell them that it is payed in full.The attorney gets pissed because he didn't spot the restrictive endorsement and now sent me some paper called "motion for summary judgement"I call the court house and they say that this was never filed with them.The only thing filed was the "consumer credit transaction".Then she explains what a motion for summary judgement is a way to get a ruling by the judge without going to trial!!! question 1)did they violate the law by sending me this docuement making it look like it is from a court when it is not. 2)this whole thing is going through the state supreme court for under $200. isn't that overkill.Small claims court would have done....lol Anyone had something like this happen?
First, what state are you in? In NY the lowest level trial court is called the supreme court. Second, they may be filing the motion for summary judgement, just haven't gotten to the court yet. You can also file a MSJ or a motion for a dismissal yourself with a copy of the canceled check.
I am in NY, but what i could not figure out is why they did not use small claims court. Secondly,the attorney attached a copy of the check to his motion for summary judgement. Can i file to get the original consumer complaint dismissed?
They want the fee for filing the consumer credit transaction ($175)and interest($20).They just neglected to give me any chance in hell of paying it before they filed.They didn't even give me enough time to even overnight the check before they filed.I was screwed regardless of what i did...Aren't they supposed to give me 30 days from the time of first contact to dispute this?I did not get that....
I believe you can also file for summary judgment, and get it dismissed. look here: http://www.nwjustice.org/docs/205.html
Their motion for summary judgement says to the Judge that, even if what you are saying is true (whatever your defense is), they will still win on the merits or the law or both. Therefore, there is no need for a trial. By sending it to you for signature, they are asking you to agree to that. If you sign, they file it with the clerk, set up a hearing, and get a judgement. If you do not agree, they will still set up a hearing and try to convince the Judge that no trial is needed. You can also file a motion for summary judgement, which in effect says that no trial is needed because you will win. In reality, most Judges, especially those at the lower level such as this, will not grant the motion. The party defending the motion only has to show some item in dispute. They are a procedural trick to cut the defendant off early, preventing him from ever getting a chance to present a defense. They are useful in Federal court, where the Judges have more discretion. I suspect this was not filed with the court because they wanted you to sign before they filed it. It would only be misleading if they signed at the bottom of the pleading indicating it was filed before they sent it to you. This is a generic answer, not specific to NY, but I believe it is correct in most states. See what the rules are there. Normally, you would have to file something, like an affidavit, showing what the disputed issues are (or the disputed law).
Thanks all for the info,it really helps.I am just am just so upset about the whole situation.I did the right thing by paying my bill. and this is what i get for it........uggggghhhhh
Tell me about it.I am sure i was one of only a few that actually paid my bill and he gets pissed because of the restrictive endorsement and thinks he is gonna sue me for more.Well guess what,HE is so WRONG!!!! He is on his way down......lol
