Blog Posts in 2019

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  • Consumer Debt Defense Case Law: CACH, LLC v Oyedeji, 60 Misc 3d 128(A) ([App Term 2018).
    Consumer Debt Defense Case Law: CACH, LLC v Oyedeji, 60 Misc 3d 128(A) ([App Term 2018).

    Pro Se litigant makes contradictory arguments that were unavailing and insufficient to sustain her Order to Show Cause to vacate since it was shown by plaintiff that the defendant had knowledge of the ...

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  • Consumer Debt Defense Case Law: First Natl. Bank of Omaha v Smith, 60 Misc 3d 1230(A) (Civ Ct 2018)( Grey, J., Richmond County)
    Consumer Debt Defense Case Law: First Natl. Bank of Omaha v Smith, 60 Misc 3d 1230(A) (Civ Ct 2018)( Grey, J., Richmond County)

    First Natl. Bank of Omaha v Smith, 60 Misc 3d 1230(A) (Civ Ct 2018)( Grey, J., Richmond County). Why even move under a breach of contract? An Account stated cause of action is easy to prove if the ...

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  • Consumer Debt Defense Case Law: Citibank, N.A. v Geyer, 62 Misc 3d 1207(A) (NY Dist Ct 2019)
    Consumer Debt Defense Case Law: Citibank, N.A. v Geyer, 62 Misc 3d 1207(A) (NY Dist Ct 2019)

    Citibank, N.A. v Geyer, 62 Misc 3d 1207(A) (NY Dist Ct 2019). He is another example of case that even if you have an excellent trial attorney making compelling and interesting novel legal arguments, ...

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  • Consumer Debt Defense Case Law: Metro Portfolios, Inc. v Pop, 60 Misc 3d 137(A) ([App Term 2018).
    Consumer Debt Defense Case Law: Metro Portfolios, Inc. v Pop, 60 Misc 3d 137(A) ([App Term 2018).

    Metro Portfolios, Inc. v Pop, 60 Misc 3d 137(A) ([App Term 2018). “HIRE A GOOD ATTORNEY TO HELP YOU IN YOUR MERITORIOUS DEFENSE”. Pro Se litigant’s motion to vacate [judgment based on service CPLR 308 ...

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  • Consumer Debt Defense Case Law: Capital One, N.A. v Benhong Xiao, 61 Misc 3d 135(A) (App Term 2018)
    Consumer Debt Defense Case Law: Capital One, N.A. v Benhong Xiao, 61 Misc 3d 135(A) (App Term 2018)

    Capital One, N.A. v Benhong Xiao, 61 Misc 3d 135(A) (App Term 2018) pro se litigant loses during bench trial (non jury) on a breach of contract credit card agreement matter. 1. Breach of [Credit Card] ...

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  • Consumer Debt Defense Case Law: Barclays Bank Delaware v Lippman, 61 Misc 3d 135(A) (App Term 2018)
    Consumer Debt Defense Case Law: Barclays Bank Delaware v Lippman, 61 Misc 3d 135(A) (App Term 2018)

    Barclays Bank Delaware v Lippman, 61 Misc 3d 135(A) (App Term 2018) “At Your Own Peril”. Here, a pro se litigant failed to move timely for a motion to dismiss for improper service under CPLR 3211 (e). ...

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