American Credit Card Processing Corp. v. Fairchild

[David A. Szwak]

American Credit Card Processing Corp. v. Fairchild
11 Misc.3d 972, 810 N.Y.S.2d 874
N.Y.Sup.,2006.
February 23, 2006

On December 15, 2005, a motion by the Defendants for leave to amend their answer to add counterclaims was granted without opposition by this Court. The Parties attempted to adjourn the motion by stipulation to allow the Plaintiff to submit opposition to the motion but the stipulation was not properly or timely processed by Court personnel and therefore the motion was not adjourned. Since it was not adjourned, it was granted without opposition. The parties have stipulated to resubmit the motion to the Court and to permit the motion to be reargued on the same papers previously prepared and submitted by the parties. The Court will grant the motion to reargue and will consider the motion to amend and the opposition on its merits.
The Defendants seek to amend their answer to include counterclaims against the Plaintiff, American Credit Card Processing Corp. and George Miller individually for damages pursuant to the Federal Fair Debt Collection Practices Act (hereinafter “ FDCPA â€