How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Dwayne B. Your Own Question

Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 27091
Experience:  Began practicing law in 1992
11068102
Type Your Legal Question Here...
Dwayne B. is online now
A new question is answered every 9 seconds

I answered a summons pro-se for my corporation in response

Customer Question

I answered a summons pro-se for my corporation in response to a debt collection for $115,000 which was originally from Wells Fargo. CACH, LLC is the plaintiff. They sent me a letter that my answer was rejected on behalf of the corporation beacuase, " an attorney has to interpose an swer for a coproation in New York State. Pursuant to CPLR 321(a), a coproation must appear in action by an attorny. Therefor, the corporate defendant is deemened in default in this case." I beleived that under NY CCA lAw 1809 - A, "a Corporation may appear as a party in any action brought pursuant to this article by an attorney as well as by an authorized officer, director or employee of the corporation provided that the appearance by a non-lawyer on behalf of a corporation shall be deemed to constitute the requisite authority to bind the corporation in a settlement or trial." How can I respond to this.
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

JD 1992 :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

JD 1992 :

Do you know if the collection action meets the definition of "brought under" that article?

JD 1992 :

My screen is showing a glitch. Is the amount sued for $5000 or $15000?

Customer:

Not sure about the "brought under" definition. And the amount they sued the corporation and me is $115,000.

JD 1992 :

Was it a "commercial claim"?

Customer:

They sued the corporation and myself

JD 1992 :

What is the basis of the underlying debt?

Customer:

A loan given to the corporation that was defaulted on.

JD 1992 :

OKay, I think it is reasonable to call that a commercial claim.

Customer:

Does that help me in anyway?

JD 1992 :

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.

JD 1992 :

The other side just may not be aware of that.

Customer:

Yeah!

JD 1992 :

That supports your position. Look especially at the one People v. Nytac.

JD 1992 :

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.

JD 1992 :

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.

JD 1992 :

File that with the court.

JD 1992 :

You may even want to amend your answer and state that you are appearing on behalf of the corporation pursuant to this statute.

Customer:

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?

JD 1992 :

I would respond by filing the Response I discuss above and filing it with the court.

JD 1992 :

Don't respond to the letter itself, get it into the record.

Customer:

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...

JD 1992 :

Yes, that is the way to do it. That will keep them from running in without notifying you and getting a default jdugment.

Customer:

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?

JD 1992 :

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/

JD 1992 :

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.

Customer:

This is nerve wracking.

JD 1992 :

It is, and it is likely to get worse.

JD 1992 :

The key here is to be aggressive.

Customer:

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?


JD 1992 :

Yes

Customer:

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...

Dwayne B., Attorney
Category: Legal
Satisfied Customers: 27091
Experience: Began practicing law in 1992
Dwayne B. and 4 other Legal Specialists are ready to help you
Customer: replied 1 year ago.


Thanks...

Expert:  Dwayne B. replied 1 year ago.
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR JD 1992” in the subject line and I will pick up as soon as I see it.
Customer: replied 1 year ago.

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.


Thank you.


 

Expert:  Dwayne B. replied 1 year ago.
There isn't one because it isn't a standard motion. You have to draft it from scratch. Contrary to what most people believe most things in a lawsuit are drafted from scratch or at least modified heavily rather than using forms.

However, since the other side didn't file anything you can just write a letter to them and set forth your reasoning and then send a copy of that letter to be filed in the case. That would be almost as effective with a lot less trouble on your part.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.