Legal Question in Credit and Debt Law in New York

Re: Prima Facie Case for Summary Judgment

You seem to have some familiarity with the law as you refer to the CPLR. If this is so, you ought to know how to oppose a motion for summary judgment. The rule is that the court is not trying to resolve the matter, they are simply try to determine if ANY ISSUES exist. If issues exist, the motion for summary judgment MUST be denied and the creditor has to prove its case in court, before a trier of fact (like a judge or a Jury). You should defeat the motion if you can create issues in your opposition papers...like alleging you did not get statements...not just that the person alleging the mailing of statements has no knowledge...(YOU SHOULD USE ALL YOUR ARGUMENTS...ANY ONE OF THEM MAY BE SUFICIENT TO GET THE MOTION DENIED). You can even move by cross motion to dismiss the case using the very same arguments...The plaintiff has to make a prima facie case against you...and establish the elements of their claim...if they don't the court COULD dismiss the action. You write well, so you have a good chance...

Re: Prima Facie Case for Summary Judgment

From what you say, yes.

You need to present a LEGAL defense in affidavit form to oppose this. Inability to pay, for example,is not a legal defense.

Good Luck

RRG