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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I am defending my own civil law suit in new york. what is

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I am defending my own civil law suit in new york. what is the meaning of a certification, pertaining to a document requested from my credit card company proving that I reported fraudulent activities on my card and declined to pay. Those charges that were declined are the basis of the lawsuit

My name is XXXXX XXXXX I will be helping you with your legal question.

A certification can mean several different things, depending on what is going on in your case. Can you explain more of the context in which this came up?
Customer: replied 3 years ago.

I am being sued for declining to pay for several airlines tickets on my american express card. A friend asked me to use the card to "hold" the reservations. Apparently she collected the airfare but did not apply the cash and the travel agent put the entire charge (about $14,000) on my card. I disputed the amount. Now there is a lawsuit. My friend did not appear in the case, but I submitted an answer denying everything. I told the attorney for plaintiff that I told the credit card company not to pay it and filed a fraud report. He asked me to get that sworn document to him. A friend told me he was getting me to "certify" the case or claim. I did not understand. So I did not provide the document. Now the case is on the court calendar. I am ready to go and will make demands for the names of the people who the tickets were bought from to find out what happened if they paid or not. But I don't know what certify the case means.

Ok. Thanks.

In this case, certification is referring to a document that you sign stating that fraud occurred on your account and have it notarized.

Did the Plaintiff's attorney send you any form?

Who is it that is suing you exactly, American Express?
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Customer: replied 3 years ago.

I am being sued by the travel agent who had to pay for the tickets when my friend collected the money but did not pay for them (apparently). She does travel agent work freelance. She has not assets, I have a house. Someone told me to settle, but I did not authorize anyone to charge my card, only to hold the reservations. I spoke to someone at the travel agency at that time to fax over a copy of my driver's license and Amex card, but I did say I was paying for those tickets, only holding the reservation, so I want to fight this

I'm not really clear on what happened here.

You gave your friend your american express card to hold the tickets, but then your friend charged your card for the tickets. You then state that you "did not pay". What do you mean?

Did you dispute the payment with American Express?

If so, did you fill out any form and sign it and return it to American Express in order for them to stop the payment or chargeback the payment?
Customer: replied 3 years ago.

Yes, I disputed the payment with American express. I called to dispute and they did the investigation. I signed something and mailed it back, but I dont recall what it was. American express wanted a subpoena to turn over those document because they are a confidential investigation, but I have to serve a copy of the subpoena on the plaintiff, so I didnt do it.

Ok. That clears it up.

The "certification" that the plaintiff is looking for is the document that you signed and sent to American Express. You are not under a duty to provide the other side with any document which you do not have in your possession, custody, and control. So, since you don't have it and American Express will not give it to you upon your request (which I find odd), then you are not required to give it to the Plaintiff.

My next recommendation for you would be to file what is called a "Motion for Designation of Responsible Third Party" that designates your friend who purchased the tickets with your card without authorization as the party that is actually responsible for the damage here. You can also simply counter-sue your friend as well, as your friend actually defrauded you when they used your card in a way that you did not authorize.
Customer: replied 3 years ago.

My friend is already named in the lawsuit, but did not appear. So I file a motion for designation of responsible party to put the court on notice that I did not authorize the payment? What relief am I seeking in that motion?

If your friend has already been named in the lawsuit and did not appear, then you do not need to file this motion.
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Customer: replied 3 years ago.

Okay. She has no assets, but I have a house. The plaintiff will get a judgment against her. I will stay on the case. Is it wise to try to settle before we pick a jury or after?

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