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Portnoy lawsuit (& a 2nd class action) Court Date in March for debt


The last post in this topic was posted 925 days ago. 

 

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Hi.  Last Summer I was initially served and served paper buy Schacter Portnoy for a retailers debt from 3 years ago. I asnwered the summons and waited.  I eventually go the interrogatories in the Fall and again in January along with the court date in mid March.  During that time I also entered into a class action for FDCPA violations through a firm in NYC.  I told them last week about the upcoming date and how should I proceed but they explained they only represent the class action and I should seek counsel in my county for the court hearing.  Called the Law Clerk and explained it and she stated to contact Portnoy and have them consent to an Adjournment into May so that I may find counsel to represent me.

 

Called portnoy told the guy on the phone who stated he has to look into the matter with someone else to see what to do.

debt is for $1800 - New York State

 

Any thoughts about legal action I should be aware of?  Settlement numbers if I choose that route?

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When you were served, the paperwork should have had the name of COUNSEL representing the Plaintiff.  THAT is who you should be speaking with, not the collection entity.  The third-party should have directed you to counsel for any discussions on the matter.

 

As far as continuances for the purposes of securing local counsel, your filing would simply be a Motion for Continuance and should be filed in the window of time consistent with both Local Rules and the Rules for Civil Procedure in your jurisdiction.  Be sure to copy opposing Counsel with the pleading...ideally, you should ALSO have called them prior to filing and you would then indicate that you have conferred with local counsel.  Rules in these matters generally require that counsel communicate with each other, and at this precise moment, you ARE counsel for a party by virtue of your decision to represent yourself. 

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  • 2 weeks later...

Well I spoke with Portnoy law firm and they agreed to have this matter set in court at a later date than the original upcoming date, as long as I filed for it... meaning I have to pay the $40 court fee to file the motion.  sneaky bastar..   SO I'll file that tomorrow at the court.

 

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4 hours ago, alexthegreat said:

Well I spoke with Portnoy law firm and they agreed to have this matter set in court at a later date than the original upcoming date, as long as I filed for it... meaning I have to pay the $40 court fee to file the motion.  sneaky bastar..   SO I'll file that tomorrow at the court.

 

RCP generally require that you confer with opposing counsel.  That they agree to it (or are at least not opposed) does NOT mean they have to file for the continuance.  If your jurisdiction has a filing fee for pre-trial motions, then the filing party pays the fee.  There is nothing sneaky about it nor is it something unique to debt collection litigation. 

 

If a fee is required, it would have been required regardless of whether you had engaged counsel or whether you were playing lawyer on your own. 

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Didn't have to actually file a motion.  Judges clerk said a letter would be sufficient.  So she took care of that and adjourned the date till May.  So I'll either call Portnoy and make a 25% of the balance offer or I might just pay the $200 and file  for for arbitration

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