Legal Question in Credit and Debt Law in New York

i just received a summons from a lawyer on behalf of capital one. there is no date or where to appear on document, what do i do?


Asked on 12/29/11, 3:11 pm

2 Answers from Attorneys

Michael Markowitz Michael A. Markowitz, PC

You should retain an attorney immediately. If you do not have the funds to retain an attorney, or if you want to handle this matter on your own, you must go the the clerk's office for the court on the summons and request the proper form to file an answer to the complaint. This must be done within the time provisions set forth on the summons.

Mike.

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Answered on 12/30/11, 5:19 am
simon goldenberg Law Office of Simon Goldenberg, pllc

In New York State, you have a limited amount of time to submit an answer to the complaint in order to avoid a default. The amount of time varies depending on how you were served. It is very important that you promptly seek the assistance of an attorney or that you visit the clerk of the court to submit an answer on your own. The worst thing you can do is ignore the summons. After an answer is submitted in accordance with court procedures, you will be notified of any hearings that require your appearance. Call my office for a free consultation to learn how I may be able to assist you in resolving this matter.

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Answered on 12/31/11, 9:14 am


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