Legal Question in Credit and Debt Law in New York

How to answer a consumer credit transaction summons
I found a copy of the summons taped to my front door. The wording is as follows: ''You are hereby summoned and required to serve upon Plaintiff's attorneys an answer to the Compliant in this action''....

So what actually constitutes an ''answer''? To whom am I answering? The only contact information is the plaintiff's attorney (an attorney for a collections agency). What is an answer - Phone? Writing? In person?

This dates back to an unpaid portion of rent over a year ago in a county I no longer live in (though in the same state, NY). I was originally billed for an incorrect amount and threatened with collections - I let it go figuring they couldn't succeed at collecting the wrong amount. I heard no word again for at least a year.

A page attached to the summons says I've already been served a validation notice - which I have not. This is the first time I've seen this dollar figure, and first hearing anything in over a year - though I believe they've got it correct this time.

It is not a large sum of money and I will gladly and promptly pay it now that they have it correct. What is my best course of action to avoid judgment, which apparently adds the plaintiff's legal fees to the sum - something I'd like to avoid.

Asked on 2/18/09, 7:16 pm

Michael Markowitz Michael A. Markowitz, PC

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Re: How to answer a consumer credit transaction summons

You should go to the Court, speak to the clerk, and request help to answer the summons. The clerk should give you the proper form and instructions.

Mike.

Answered on 2/19/09, 8:29 am

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