I have been involved in an ongoing case in New York District Court
, Suffolk County. It began with a "sewer service" and my losing a summary judgment
without a chance to defend myself. Ultimately, I had the judgment vacated and my credit report
cleaned. The case still remained however. The matter was undertaken by a local attorney owned collection company. The amounts involved were only small claims
amounts yet, the matter was pursued in District Court. Ultimately, the judge referred the matter to arbitration
, however, the plaintiff submitted a motion for summary judgment and just last week, they received a ruling in their favor from a new judge hearing her first cases.
All along, I have tried to negotiate the matter fairly, however, the plaintiff and their attorney has declined. I feel the ruling was, obviously, wrong and I would like to know what my options are now.
I called the court to discuss with the clerk the options and told them I was no longer living in NY State. They had suggested I stop in and pickup a "appeal package". I told them that would not be possible. I have to call back tomorrow to speak with the head clerk.
Since the plaintiff is unwilling to yield even a little bit and I am certain that they tried to sewer serve me in the first place, I have added in some emotion into this matter to get some satisfaction. Can I:
a. Appeal requesting a jury trial
? Mind you, this is district court and the amount is only $1,500.
b. file a counter claim against the large hospital involved and the physicians involved to get their attention and perhaps, drag them into court to force them to the negotiating table. THey just referred this to a collection attorney assuming that they would not have to actually be involved with "the process".
c. do both of the above to add pressure on them to negotiate the matter?
I realize I am borderline asking for procedural advice here but I am not sure the best method to proceed.