Court rules debt buyer was improper party; interest rate found usurious.

A reminder to corporations, General Business Law §130 mandates corporations to file a certificate of doing business under an assumed name with the secretary of state. The failure to to comply with this filing requirement prevents an entity from maintaining an action except in its own name. The named plaintiff in this case, American Express Travel Related Services Co., was not a legal derivative of American Express, Inc.

The observed difference between the account statements' difference against the purported credit card agreement warranted the court to render the proposed agreement as inapplicable.

Categories: Debt Defense
Internet Marketing Experts The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.