Legal Question in Business Law in New York

Write a letter to the Court with a copy to the plaintiff. Provide a copy of both sides of the cancelled check(s) you used to pay this scammer his last $1500 in the letter. Explain that you must be out of town on the scheduled hearing date and ask the Court to either dismiss the case as moot or reschedule the hearing.

In the heading of your letter, be sure to put the case number (which may be in two parts: a docket number and an index number; put them both), and write the case number on the page with the copy of the cancelled check. A lot of paper flows through a court clerk's office and you don't want your cancelled check copy to get buried in the wrong file.

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In addition, short of hiring an attorney to represent you, you could write a (certified) letter to the consultant giving him/her notice that you have paid the balance in full and unless the consultant withdraws the suit you would file a counter claim and/or a counter suit for malicious prosecution and demand damages.

BTW, if the court does not respond to the letter that was suggested above, contact the clerk and ask to adjourn the case to a date you are in town.

Good luck,

Roman R. Fichman, Esq.

www.TheLegalist.com │ @TheLegalist

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Disclaimer: This post has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice or be relied upon. No attorney client relationship has been created. The post may contain errors, inaccuracies and/or omissions. You should always consult an attorney admitted to practice in your jurisdiction for specific advice. This post may be deemed as Attorney Advertising.

In addition to all of the other good advice here by my colleagues, please be aware that judges often do not like for a case to proceed without one of the parties being present, especially because you cannot be cross-examined. In addition, of the case does proceed without you, your adversary can make something up on the spot and you will not be there to counter it.

Always try to never miss a court date if you are not prepared to suffer the consequences. If you cannot be there, ask for an adjournment ahead of time by calling, faxing, or actually coming in person to see the clerk, whatever the requirements of the particular court. In some cases you can also give someone a Power of Attorney so that they can come it, show by documentary evidence that you are out of town, and ask for an adjournment.