Legal Question in Credit and Debt Law in New York

Attorney claims I didn't pay stipulation

I was sued 2 months ago for a credit card debt. They won and I entered into a stipulation agreement with them, in writing. The stipulation reads that I must pay X amount every month and If I miss one payment they will go ahead and enforce judgement.

I was notified that they have entered a default in stipulation with the court. I have never missed one payment or was late. I tried contacting them to ask them what payment they are claiming I missed, but I receive no return phone call.

What can I do about this? I have my money order stubs and receipts, and proof of signature, which includes a scanned photo of the signature, since they were sent express mail.

Thank you


Asked on 9/16/08, 9:47 am

2 Answers from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Attorney claims I didn't pay stipulation

You would have to file a motion, by Order to Show Cause, to enforce the terms of the settlement agreement. The Order to Show Cause must contain a stay of enforcement.

Mike.

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Answered on 9/16/08, 9:53 am
Frank Loscalzo Law Office of Frank Loscalzo

Re: Attorney claims I didn't pay stipulation

I have never seen a stipulation in Kings County Civil Court that did not require the plaintiff to give written notice if you missed a payment. Did they?

Do you have cancelled checks that prove the payments were made. If not what kind of proof do you have that they received the payments.

Send me an email responding to the above, and I will give you a detailed answer.

[email protected]

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Answered on 9/16/08, 3:28 pm


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