Expert: Jason Barnette, Esq. - 1/27/2010

Question
Hi Jason,
  I recv;d a summons from the lovely Cohen & Slamowitz here in NYS for a capital one card i defaulted on.  I received the summons at my house and it stated i have to reply within 20 days of the date on the form.  Now, it was delivered to me 12/23/09 it however was date 11/30/09, yeah they're real nice! LOL.  So, i immediately answered the courts via notorized mail, along with the debt validation letter sent certified mail to these goons, which they received and NEVER answered.  I received from the court a notice saying "the above referenced matter has been transferred to the arbitration dept. pursuant to sect 1301 of the uniform district court act part 28 of the rules of the chief judge".  Now, i tried to find out what exactly that means from good ole google, but I cant.  Do you know what that means? Also, is there something i can file asking it be dismissed since it is well over 30 days, and they have not validated anything?
Thank you SO MUCH in advance!
Tara

Answer
Tara:

I have no idea insofar as I am not familiar with NY law.  I do know that you cannot successfully move to dismiss the case because the failed to validate the debt pursuant to the FDCPA.  However, you can certainly assert that as counter-claim.

Jason Barnette
Barnette Law Offices, LLC
1800 Hayes Street; Suite 122
Nashville, TN 37203
615-585-2245
http://www.barnettelawoffices.com