Affirmation in Opposition
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Posted by GettinHip2it (69.119.239.155) on June 06, 2004 at 09:15:38:
Hi all - Getty here: Went to court this week regarding my order to show cause for a 16,000 default judgment for a hospital bill. Plaintiff's lawyer (Hayt, Hayt...) isn't there, but I was armed with my evidence and ready to fight! I get in front of the judge who informs me that the court is already in receipt of plaintiffs answer (submitted in writing) and he would let me know his decision. WTF? When I asked "what answer by plaintiff?" The judge told me that they had received an affirmation in opposition from Plainitff via mail on May 28 and that I should have gotten it by now (June 4.) When I (honestly) denied any knowledge of it he ordered that I be given a copy and gave me two weeks to file my answer. I got my copy and went home. Of course, two days later I receive my copy from plaintiff postmarked the DAY BEFORE COURT! They deliberately mailed mine late so that I couldn't answer in time - f%kers! Okay, I have prepared my response to their affirmation in opposition with (I believe) a compelling argument which includes blatant violations of New York Civil Practice Law Rules, FDCPA 807 and perjury. I will file in court personally tomorrow, but I have two questions: 1) Should I mail plaintiff their copy late, just as they did to me? 2) In my closing "Wherefore" paragraph I request that the judgment be vacated, plaintiff's complaint be dismissed, judgment be entered against Hayt, Hayt for state and federal violations, and damages be awarded to defendant. - Is is appropriate to include all of that in this? I'd really appreciate your thoughts on this. Thanks.
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