Legal Question in Credit and Debt Law in New York

Appeal from Judgment

I recently had a 3rd party collector sue me for an old credit card, that was not out of SOL. I could not afford to hire an attorney, so I went pro se, and got the judgment reduced, because they could not show calculations for any amount over original debt. I stated in my answer to summons that I did not believe they were the owners of the debt, and that the amount of debt was wrong. In opposition to motion for summary, I acknowledged owing the original amount of debt, and judge ruled same, and ordered judgment to plaintiff in that amount. Now, I'm not so sure they are the owners of this debt, because I spoke with 2 employees of the last known agency, and they both stated the debt was sold to plaintiff AFTER they filed suit. Also, plaintiffs' CEO was CEO of another company in 2001, that I know of, whom this other company was listed on my credit report as an inquiry for collection.At the hearing with the judge, the plaintiffs did not provide an assignment or sale of this debt, proving that they own it. They also did not provide a signed copy of the original contract. Is there any way to appeal this, and challenge every document to be provided? Any help is appreciated! Thanks!


Asked on 3/02/06, 12:35 pm

1 Answer from Attorneys
Guy Lewit Guy Mitchell Lewit, Esq.

Re: Appeal from Judgment

Sure...errors in law and facts result in new findings all the time. If you did not know something on the date the judge ruled, you can claim that new information ought to change the result. You have to make a motion to have the judgment vacated and set forth as clearly as possible, your factual reasons. It is suggested that you list in chronilogical order what happened, and that you were unable to find out answers to your suspicions until too late. It may not make a difference if the SOL has not run, so think about the benefit of what you are doing...

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Answered on 3/02/06, 3:08 pm


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