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DrakeLAW
DrakeLAW, Attorney
Category: Bankruptcy Law
Satisfied Customers: 784
Experience:  Attorney at Drake Law Firm PLC
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How to I respond to a request for judic1al intervention and

Customer Question

How to I respond to a request for judic1al intervention and a motion for summary judgement?
I was served by amex 8/15.
I responded and filed answer 9/15.
Amex filed the request 3/17.
Is it possible amex waited too long to file?
My response is due 5/17.
Is it possible they waited
Submitted: 5 months ago.
Category: Bankruptcy Law
Customer: replied 5 months ago.
too long and the case can me dismissed?If not...
how to I respond? with what paperwork? New York State... I have until 5/12/17 to respond.
Customer: replied 5 months ago.
Amex waited 1 year and 6 months after my answer to file a request for judicial intervention, and the Motion for summary Judgement.
Expert:  DrakeLAW replied 5 months ago.

Hi, my name is ***** ***** I look forward to helping you, please give me a moment to review and possibly research answers to your question.

Expert:  DrakeLAW replied 5 months ago.

I am sorry to say that there is no deadline for filing a motion for summary judgment, only for filing the initial complaint.

You need to file a Response to Motion for Summary Judgment. What is the basis of the allegations? That you purchased luxury goods within 70 days of filing?

Customer: replied 5 months ago.
straightforward credit collection matter according to preliminary statement
Customer: replied 5 months ago.
only half my question has been answered so far...how do I respond now? what paperwork do I use in new york state?
Expert:  DrakeLAW replied 5 months ago.

Only half is answered because I am trying to get more information so I can give you better answers.

Hold on, are you in a bankruptcy? The category says bankruptcy law so I assumed you meant a lawsuit by the bank inside your bankruptcy. Is this just a standard collection civil suit not in bankruptcy?

Customer: replied 5 months ago.
not in bk.
yes a standard new york state collection civil suit.I have had several financial hardships and illnesses.
Expert:  DrakeLAW replied 5 months ago.

Ok, now I understand.

If you made the charges to the card you will not have any defense and filing a response to the motion or summary judgment will delay the inevitable entry of the judgment. The hardships will not be a successful legal defense unfortunately.

Responding to a motion for summary judgment is not a simple document. If you still want to go that route, I can point you to some samples online. Please let me know.

Customer: replied 5 months ago.
A delay is exactly what I am looking for...please do direct me to how to delay this ...I am ill....as I want to try to negotiate with amex, hire an attorney etc.
Customer: replied 5 months ago.
I need some more time even just a couple of weeks.
Customer: replied 5 months ago.
I need the right information to do this today as my response is due by Friday.
Customer: replied 5 months ago.
please point me to some online examples as well...thank you
Customer: replied 5 months ago.
this is all part of my original question
Expert:  DrakeLAW replied 5 months ago.

Alright. Please tell me which county court this is in as well so I can point you to the rule you need to be aware of.

Customer: replied 5 months ago.
New York State Delaware County Court...thank you
Customer: replied 5 months ago.
New York State Delaware County Court
Expert:  DrakeLAW replied 5 months ago.

I will send in pieces. There are local rules, here is the link, see rule 1028(c) and 1035.2(a):

http://www.co.delaware.pa.us/courts/localrules/CivilRules.pdf

Expert:  DrakeLAW replied 5 months ago.

Is it the Court of Common Pleas?

Customer: replied 5 months ago.
is this New York s Delaware Co?
Expert:  DrakeLAW replied 5 months ago.

No, it isn't, thanks for that. Too many Delawares. Let me try again.

Customer: replied 5 months ago.
when you send NY state link...please advise..iif there are many many pages....what part page are you pointing out?.....is there a template on the web that I should follow?
Expert:  DrakeLAW replied 5 months ago.

It is hard to find a good source online for the New York State civil rules. I have found one though and here is a link to the summary judgment rule:

http://codes.findlaw.com/ny/civil-practice-law-and-rules/cvpny-cplr-rule-3212.html

Customer: replied 5 months ago.
again this is alot of info...what page and part are you referring to? what online template you mentioned did you advise me to follow?
Expert:  DrakeLAW replied 5 months ago.

That is one page with the one summary judgment rule. I am referring to all parts of Rule 3212. Working on a template.

Customer: replied 5 months ago.
I see that this describes the summary judgement...where is the how to respond part?
Expert:  DrakeLAW replied 5 months ago.

Here is an example for you.

https://irp-cdn.multiscreensite.com/c6c8dfda/files/uploaded/Summary%20Judgment%20Opposition,%20New%20York%20Supreme%20Court,%20New%20York%20County.pdf

It even includes all the law you need regarding the standard for summary judgment and when it must be denied. It also shows how to cite to the record using the ( ).

Customer: replied 5 months ago.
There are 32 pages here....what exactly are you saying to do with this? 1 step or part you want me to use etc.
Customer: replied 5 months ago.
Again what part of the first doc you sent am I to start with as far as
NYork summary judgement RESPONSE
Expert:  DrakeLAW replied 5 months ago.

Alright, well I gave you that rule to have background. There is no rule just regarding responding. I think that sample I sent you might answer some of your questions. Here is the only part of the rule that relates to responding:

"Except as provided in subdivision (c) of this rule the motion shall be denied if any party shall show facts sufficient to require a trial of any issue of fact. "

That is in Rule 3212(b).

So all you have to do is show what facts are not true that they allege are in support of summary judgment.

Expert:  DrakeLAW replied 5 months ago.

Just pages 1 and 2. Then on page 2 where it says "1. The defendant's entire motion...." in bold is where you put in your arguments.

Make sense?

Expert:  DrakeLAW replied 5 months ago.

Does that answer your question?

Customer: replied 5 months ago.
thank you...please confirm....so to start I type up pages 1 and 2 as is, then I add to the sentence ..."The defendants entire motion"....how would I frame my facts into this sentence?I have not been provided with the full accounting providing the balance is correct....they just provided the last two statements of the credit card.
Please let me know if writing a letter to the court stating I am ill and obviously am not a lawyer. I am not a lawyer so I can not answer this filing properly. I need an attorney. I just opened the envelope and found out about this proceeding. I am asking for a couple of weeks as I need to hire an attorney to make sure I hire proper representation.
I
Expert:  DrakeLAW replied 5 months ago.

Yes, you type up pages 1 and 2 as is using all the law provided in the sample and of course substitution your name and the other party's name where appropriate. Don't add to that sentence, replace the entire bolded heading with whatever your argument is.

For the facts in what you describe you might say something like "Plaintiff fails to provide a full accounting for the damages sought and Defendant disputes the amount sought." Something like that. Then you include an affidavit stating that you do not think the amount is correct.

In light of your last sentence, I suggest you file a motion requesting an extension to respond to the summary judgment motion then stating that you need to retain counsel.

Customer: replied 5 months ago.
In addition, should I write a letter to the court? stating what I have stated in the previous email. I am ill. I am not a lawyer. I should not be representing myself in this matter.
Customer: replied 5 months ago.
How do I file as a motion requesting an extension to respond ?
Expert:  DrakeLAW replied 5 months ago.

Well, yes but not in a letter to the Court. In a "Motion to Extend Time to Respond to Motion for Summary Judgment In Order to Retain Counsel" and then state the reasons.

Just put the caption and the title as I stated above. There is no rule or specific form.

Customer: replied 5 months ago.
How do I do what you suggested as far as requesting an extension?
Is it fairly simple typing a few sentences up? one page?
Or
Is there a template?
Expert:  DrakeLAW replied 5 months ago.

Correct, literally just a few sentences with the caption and Motion name like in the sample I provided and using the name of the motion in the " " that I provided a few messages back....then just a couple sentences stating you need to retain counsel. It is simple and common, you won't have a problem with it...the court will understand.

Customer: replied 5 months ago.
Do you mean in the left hand corner...plaintiff /defendant I don't understand what you mean by caption?
Then I would write...
I, my name, request for an extension to respond to the request for judicial intervention and the motion for summary judgement.
Then state I need to retain counsel.
Customer: replied 5 months ago.
Please let me know if this is what you suggest I do
Expert:  DrakeLAW replied 5 months ago.

Yes that is correct. The caption is the top part that states the court and the plaintiff and defendant and case number.

Please kindly rate the question so I may be credited. Thank you. You can still ask follow-up questions.

Customer: replied 5 months ago.
Hi why havent I received your answer...immediately after your last answer....I typed several more emails here asking you to be specific with your answers . I have yet to here back and it has been several days
Expert:  DrakeLAW replied 5 months ago.

The last message that I see is May 10, 2017 at 1:06PM before the one you just sent.