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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33717
Experience:  Began practicing law in 1992
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I answered a summons pro-se for my corporation in response

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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.

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. and 6 other Legal Specialists are ready to help you
Customer: replied 4 years ago.


Thanks...

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 4 years 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.


 

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.