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Do you know if the collection action meets the definition of "brought under" that article?
My screen is showing a glitch. Is the amount sued for $5000 or $15000?
Not sure about the "brought under" definition. And the amount they sued the corporation and me is $115,000.
Was it a "commercial claim"?
They sued the corporation and myself
What is the basis of the underlying debt?
A loan given to the corporation that was defaulted on.
OKay, I think it is reasonable to call that a commercial claim.
Does that help me in anyway?
Yes, the statute you cite is one of a very,very few that allows a corporation to appear in a "commercial claim" case through the listed individuals in addition to an attorney.
The other side just may not be aware of that.
There is a list of cases at this search http://scholar.google.com/scholar?hl=en&q=1809-a+%22pro+se%22&btnG=&as_sdt=4%2C33
That supports your position. Look especially at the one People v. Nytac.
That one addresses the issue in the stance of a corporation bringing a claim but in the statute it says "appear as a party" indicating you could appear as a defendant as well.
Do a "Response to Defendant's Position as to the Necessity for Counsel", attach their letter as Exhibit A and explain why they are incorrect using the statute and the case law.
File that with the court.
You may even want to amend your answer and state that you are appearing on behalf of the corporation pursuant to this statute.
Being that...how can I respond to the letter I received?Per "NY CCA Law 1809-A - Section 1809-A: Procedures relating to corporations, associations, insurers and assignees a corporation may appear..." and state that therefore my answers should not be rejected and a therefore there is no default in this case?
I would respond by filing the Response I discuss above and filing it with the court.
Don't respond to the letter itself, get it into the record.
So send it directly to the court and a copy to them? It does not appear that they sent anything to the court...just to me...
Yes, that is the way to do it. That will keep them from running in without notifying you and getting a default jdugment.
Being that they are not the original debt holder but that this is such a large sum...I know that hiring an attorney is the smart thing to do...but I truly can't afford one at this time. Is there anything else I can do?
If you are going to represent yourself you need to learn how to do legal research quickly. There is a good book on it at http://www.lessonsinlaw.com/the-guerrilla-guides-to-the-law/
There is also a book on that same page dealing with debt collection. It is really designed to address a consumer debt but the theories are the same. Also, the book on discovery. If you read those three and use the theories in them you should be able to make a good defense.
This is nerve wracking.
It is, and it is likely to get worse.
The key here is to be aggressive.
So in summary.
File a response with the court and state that I am appearing on behalf of the corporation as pursuant of the statute NY CCA LAw 1809-A?
Thank god! I think I got it. Now I have to write it. And I will read up on those sites as well. Sad thing is I wanted to be an attorney...
I tried to google the proper format to draft the "Reponse to Defendant's Position as to the Necessity of Counsel." and how to add an exhibit and cite People v NYTAC. I couldn't find any examples. Can you let me know where I might find the proper format to draft this response.
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