Legal Question in Credit and Debt Law in New York
answering a summons
I recently recieved a summons for a past credit card debt that I must answer soon. The problem is originally i contacted the atty for the plaintiff because i wanted to settle this debt. It was originally around 4700 dollars. They tacked on interest which they claim is now 12000. I made the mistake in the beginning and sent them a letter saying that i only owed 4700 and was looking for a settlement offer or a payment plan based on that amount. Now they will not except any payments or one lump some payout. They seem to be content on taking me to court. My question is how do I answer the summons with the clerk. Everywhere I read it says never to admit the debt. They have my letter and now I am stuck. Please help!
4 Answers from Attorneys
Re: answering a summons
Don't worry about having admitted the debt mistakenly.
You should still answer the Summons.
You may be best just filing for bankruptcy and getting rid of the debt.
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Re: answering a summons
Go to court and ask the clerk for an Answer (form) to answer the complaint. You must do this or they will get a judgment against you). That is your first and most important step.
Good Luck
Re: answering a summons
I handle these types of issues regularly. The MOST impirtant part is to assure you go to the Court and file an answer to the complain, if you do not take this step then there will be a default judgment entered against you, and you will not have an opportunity to argue your part.
Some of your options are to simply show up in Court and go the the process, attempt to settle again on your own, which usually once they file a complaint they're reluctant to do generally...
Admission of liability, of the debt, is without question evidence that can be entered against you - however you have to some degree denied responsibility to the larger sum of money owed and only specifically stated responsibility for the $4,300 - which atleats limits your admission of the debt.
Usually, the best bet on these case is to consult an atotrney prior to the complaint being filed - recently i got a client who ower 19 grand on a car a settlement for $3,500.
Much luck,
Carlos Gonzalez, Esq.
Re: answering a summons
First: answer the complaint by submitting in writing to both the court and the opposing lawyer the statement; " defendant denies each and every statement of the complaint and pleads all defenses".
Then contact a lawyer. It is never over until it is over.
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