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I am in court tomorrow morning, I'm being sued by a creditor. The venue is New York City, Civil Court of the City of New York, Kings County to be exact. I had responded to the claim four weeks ago, indicated that I disputed the amount of the debt and asked for all records related to the alleged debt, including a complete history of all payments & purchases, a detailed breakdown of all fees & interest which plaintiff is seeking, etc. forward all info to me PRIOR to scheduled court date. This is item #19 on the ANSWER IN PERSON Consumer Credit Transaction form that you fill out when you respond to a credit suit claim in NYC court. I have not received this information. How should I handle that in court? Also what do I expect if I lose the case? Thanks.
State/Country relating to Question: New York
I have reviewed the form. Need to know who set the hearing and what is the hearing for?
Don't know who is hearing it, I just have a card that says it's in room 1101, bench trial, 9:30AM tomorrow. Thanks.
What I am asking is who requested the hearing and what is the hearing going to be about? Is there any other information on the card?
FIA Card Services is suing me in a consumer credit claim. I responded to the claim four weeks ago, disputing the amount of the debt and asking for the information stated. The response is a standard form that was filled out by a court clerk when I responded.
Okay, here is what appears to be going on, you actually have a trial set for the morning on your case. In other words, it is not a motions hearing or discovery hearing or anything like that.
The reason they have not responded to what you have requested under #19 is because you have made discovery requests in an "ANSWER".
Did the FIA file their suit in Small Claims court or civil court? Look at the summons you received.
Yes, understood. Civil Court. Point 19 asks that they provide the information prior to the scheduled court date, which is tomorrow.
Line 19: If you have any other defense or if there is anything that you think that a judge should know about the
money that you are being sued for, tell the clerk or write it in your answer.OTHER
The form that I am look at says the above for line 19. This is where you can assert other defense. But asking for documents is not part of an answer. That is part of a dsicovery request that you would make in a separate document called "Request for Production" after filing the answer.
If you needed the documents to mount a defense, you may have to ask the court for a continuance so that you can have time to get them through proper discovery request. If the court denies the request because the continuance motion normally has to be made several days in advance of the trial date, then you will just need to present your case the best you can.
Attorney
13+ years experience in civil litigation, jury trials, and business law;