Legal Question in Credit and Debt Law in New York

Phony summons?

I received a notice to appear in court from a collections attorney. The notice looks legal, but I'm confused as to why it would come from the plaintiffs attorney and not from the court clerk or sheriff's department. Is it a scare tactic to get me to call them? At the very bottom of the notice where it indicates to sign, it is signed by the attorney and underneath his signature is his office letterhead? listing his address and phone number. The next line says Clerk, but there is no signature! If this is a bogus summons, can I file a complaint?


Asked on 8/12/05, 9:41 pm

3 Answers from Attorneys
Kevin Connolly Kevin J. Connolly

Re: Phony summons?

It sounds real. In New York, an attorney for a party has the power to issue process (summons, subpoena), so I would suggest you take it seriously.

This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon unless and until an attorney-client relationship is entered into. Doing so would require signing an engagement letter and depositing a retainer to secure payment of legal fees.

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Answered on 8/15/05, 9:17 am
Robert R. Groezinger GroezingerLaw P.C.

Re: Phony summons?

It is legal so do what you have to do.

Good Luck

RRG

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Answered on 8/15/05, 10:25 am
Guy Lewit Guy Mitchell Lewit, Esq.

Re: Phony summons?

It is not a phony summons. You have to goto the court within the time set forth in the NOTE on the summons (20 days if served personally and 30 days otherwise) If you don't they will enter a judgment against you. Once you go to the court see the PRO SE (pronounced PRO SAY clerk) and they will assist you in filing an appropriate answer to the complaint. DO NOT DELAY

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Answered on 8/17/05, 11:32 pm


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