Legal Question in Civil Litigation in New York
I have a law firm suing me for medical expenses that I do not believe I owe and they have filed a motion for a summary judgment in our city court. Do I need a lawyer to appear with me or can my husband and I go and plead our case?
2 Answers from Attorneys
Although you can plead your case yourself, this is a very, very bad idea. If they have asked for a summary judgment then they are telling the court that there is no dispute over the facts. It's possible that you have made a procedural error, or that you haven't properly worked up your defense. Anyway, if you lose your summary judgment, you lose your case, even if you have defenses.
Hire a lawyer NOW. If you can't afford one, talk to the local law schools and see if you can get a student lawyer or extern to assist you.
I do not know if Mr. Leon practices in New York.
In NY you would not be able to simple go and plead your case. You would have to serve a copy and and file an affidavit. The affidavit would have to demonstrate that there is a triable issue of fact. If there is no triable issue of fact, judgment is awarded summarily (hence summary judgment).
You would not be able to serve a copy of your affidavit. You would have to have an individual over 18 and a NY resident mail the copy to the attorney. That person would have to complete an affidavit of service that is filed with your original affidavit.
Of course, you may hire an attorney. However, an attorney may charge as much money as is demanded in the complaint.
Mike.