January 2011 Archives

Court Denies Petitioner's Request to Change Parent on Birth Certificate

January 15, 2011

Petitioner claimed that the man named on her birth certificate was not her father, but that an Italian national was her biological father. Petitioner sought to amend her birth certificate to remove the name appearing thereon so that she could assert rights in this man's estate, in Italy. The court in Italy would not consider her rights so long as her birth certificate was not changed. This court refused to do so, finding that petitioner failed to establish facts sufficient to overcome the information on her birth certificate.

Creditor Overreached in Dealing with Unrepresented Defendant

January 12, 2011

Plaintiff, purchaser of defendant's credit card debt, sought court approval to settle the case. The court scheduled a conference to determine the fairness of the settlement terms and found that the defendant had been intimidated into signing the settlement agreement. The court decided that plaintiff's ability to prove its claims were questionable, the terms of the settlement agreement were onerous and agreed to without proper consideration, and allowed the defendant to void the settlement agreement.

Robo-Signed Affidavit Sufficient to Establish Liability

January 11, 2011

Defendant denied the amount he owed to American Express. American Express submitted an affidavit of the Custodian of Records to establish the amount due. The court decided that although the affidavit looked "robo-signed, " it was sufficient to establish that something was owed, but insufficient to establish the amount, especially because the records relied on were only copies of part of the file.