Filing Error Prevents Bank from Collecting Debt
Filing Error Prevents Bank From Collecting Debt
Recently, a trial court decided that Citibank could not recover a credit card debt, because its attorney forgot to attach an affidavit to a court filing. The affidavit should have provided the amount of debt the defendant was alleged to have owed. Without an affidavit stating the amount of the debt, the court set the damages at zero.
This case occurred in Arizona. But it highlights the kinds of errors that debt collectors often make when pursuing debts in court. Similar mistakes can prevent collection in New York Courts as well.
Consumer credit defendants are entitled to certain information; and plaintiffs must submit certain documents to the court. These matters can seem very technical, and at times superficial. But the slightest mistake can mean a huge difference for a consumer credit defendant. This is why it is always best to speak with an attorney before settling a credit card debt, either in or out of court.
Litigation Attorneys in Mineola
If you would like to speak to an attorney at The Law Firm of Vaughn, Weber & Prakope, PLLC, call 516-858-2620 for a free consultation.
Foreclosure Settlement Conferences
What you should know about Foreclosure Settlement Conferences!
Residential foreclosure defendants in New York are entitled to a preliminary foreclosure settlement conference that may enable a speedier and less expensive way of resolving their foreclosure issue than would otherwise be possible. The law requiring the conference – New York Civil Practice Law and Rules section 3408 – is beneficial for foreclosure defendants in a number of ways.
- First, foreclosure settlement conferences are typically less expensive than trial. Thus a foreclosure settlement conference requirement alone is beneficial. But section 3408 does not simply require a conference – it also requires that parties engage in good-faith negotiation for the purpose of “determining whether the parties can reach a mutually agreeable resolution to help the defendant avoid losing his or her home.” Further, the law requires that parties periodically update the court about the negotiation, allowing courts to evaluate whether negotiations are made in good faith. It is rare that legislation requires parties to make good-faith efforts to reach a resolution that is favorable to the defendant, and foreclosure defendants should take advantage of this requirement.
- Additionally, the law requires that the settlement conference occur within sixty days of the day proof of service is filed with the court, unless the parties agree to conference on another date. This allows foreclosure defendants to enter negotiations quickly, avoiding long periods of uncertainty that would certainly add stress to an already stressful situation.
- The law also requires parties to bring certain documents to the conference, gives the court an opportunity to require additional documents, and forbids either party from charging the other for legal expenses associated with the conference. Foreclosure defendants may be able to use the conference period to find out information about their case that may otherwise only be obtained through a potentially expensive discovery process.
Foreclosure Attorneys in Nassau County
Of course, foreclosure defendants may appear at the conference with counsel, which may help them take full advantage of the procedure. The Law Firm of Vaughn, Weber & Prakope, PLLC routinely represents clients through all phases of a foreclosure action. If you are facing a foreclosure, and would like to speak with an attorney about a settlement conference, or any other step in the foreclosure process, feel free to call (516) 858-2620 today.
*Contributions to the research and preparation of this blog were made by Jason Mays, J.D. (awaiting admission in NYS).
Keep in Touch