Are Improper Service (excuseable default or lack of jurisdiction, or both) as first notice was bank restraint over the past Memorial Day weekend and Standing (no business relationship with Plaintiff) as debt buyer not original creditor adequate meritorious defenses to successfully vacate default judgment; are these my best-interest debt defenses and can I reasonably expect dismissal/vacate? Just received letter from Plaintiff - in response to my full & complete debt validation telephone request - only asserting that they're representing "assignee".
And, is it true that if one of my defenses is successful, the plaintiff will lose and I will win?
I've taken advice of attorneys and filed my own Show Cause Order in NY Civil Court for 6 year old judgment that I was never served by Plaintiff and representative (Wolpoff & Abramson dba Platinum Financial) of assignee (Palisades Acquisition) regarding Platinum Financial.
The best NACA-referred consumer advocate in New York (who suggested filing this myself) thought it illegal that W&A (dba Platinum Financial Services) as PLAINTIFF issued Restraint while Cohen & Slamowitz is attorney of record. He further counseled another telephone conversation with Plaintiff that he wanted me to tape and which I'm uncomfortable doing. Anyway, Court Clerks said it could have been missed, or Cohen & Slamowitz may have transferred it back to W&A.
Can anyone else suggest how can I get definitive ruling prior to preparing appropriate defense, when even the best expert in New York is uncertain?
In any case, I searched all my financial records back to 1985 and am still unfamiliar with this debt.
Should Plaintiff appear with "contract", I just want to be best prepared by thinking around the corner before 8/20 court date.
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