Legal Question in Civil Litigation in New York

Re: Summons

Because you stated you cannot afford an attorney, I would urge you to go to the courthouse in which you are being sued and speak to the clerk about Pro Se (pronounced "Pro-Say") forms you can use to represent yourself.

It is imperative that you act within the allotted time period to avoid having a judgment entered against you. A judgment will be valid for 20 years and can permit the garnishment of your wages.

Chances are, if you fight the case, they will accept your original settlement proposal. My only advice would be to get them to agree on a bottom dollar figure closer to the original $2000.

One final note: You mentioned the debt was old. If it has been more than six years since you made a payment on this debt, the credit card company's claim may be time-barred by the statute of limitations, in which case they would be unable to proceed IF YOU RAISE THAT DEFENSE in your "Answer".

Good luck!

Re: Summons

My colleague gave an excellent answer.

Your 'amswer' must be delivered to the court and might read likje this:

"the defendant pleades the statute of limitations and denies each and every allegation of the complaint" Then sign and have the clerk (or go to a local bank) and have your signature notarized. Then mail a copy to the lawyers for the credit card company.

In addition, you might be a good candidate for 'bankruptcy'. No assets, disability and being tortured by debts that you cannot pay.

I volunteered for 'legal aid' (pro bono work) and we had many clients like you and they felt a great weight was lifted by bankruptcy.