Legal Question in Credit and Debt Law in New York

How do I get a case dismissed where fraud upon the court was committed and the Plaintiff never actually filed the suit? I was sued by the original Bank that gave me a loan. I discovered that the debt was transferred many times and the original Bank wasn't behind the suit. The Attorneys for the party that really owned the debt, Bank G, committed Fraud Upon the Court. They filed suit and submitted evidence claiming to be the original Bank because it gave them a stronger case. It wasn't a technical error or mistake, it was a deliberate effort with clear and convincing evidence. It is a fact not in dispute. Instead, after I filed the motion, they came forth as the Attorneys for Bank G, seeking to substitute Bank G as the Plaintiff! I'm looking for an argument for dismissal that the Judge must follow because for Fraud Upon the Court, it's the Judge's discretion what the penalty is, and this Judge doesn't like debtors, so I need more. The Court has Personal Jurisdiction over a Plaintiff because they file suit with the Court, but the original Bank never filed suit, someone impersonated them. If there's no P.J. over the Plaintiff, another party can't be substituted in their place, and the case must be dismissed, right? Would that work? Do you know of any case law where this has occurred or any other legal principles I can use?

Asked on 5/11/16, 10:03 am

1 Answer from Attorneys

David Slater David P. Slater, Esq.

No. The court can substitute the correct named party.

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Answered on 5/11/16, 10:32 am

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