Legal Question in Credit and Debt Law in New York

how do I respond to a summons to appear in District court
I am being sued by a drug company for moneys they claim I owe above what was paid to them by my insurance company despite the fact that thay made an agreement with my insurance company to accept the agreed upon price. I refused to pay them the differance since they agreed to the amount that the insurance company offered. They are now suing me and I was served (via Unites States Postal service first class mail, not certified or registered) that I am summoned to appear in the District Court Of the county of Suffolk, Fourth District etc. etc. and that I have 20 or 30 days ( depending on how the summons was served to me) to respond to this summons. My question is , how do I respond? do I go to the court? can I mail a response? do I need a laywer? is it advisable to get a lawyer for a 1200 dollars suit against me or will it cost more to defend myself than to just pay the amount that the drug company is suing for?

Asked on 1/25/04, 8:33 pm

2 Answers from Attorneys

Guy Lewit Guy Mitchell Lewit, Esq.

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Re: how do I respond to a summons to appear in District court

Whether your insurance company agreed to pay for this or not, you MUST get yourself to the District Court and file an answer to the summons and complaint...Most courts employ a clerk whose job it is to assist you. You would be representing yourself PRO SE...without an attorney...and you would state essentially what you set forth in your question as your defense. You can also ad that you were not served properly, since mailed service is not sufficient...though I bet you were also served by substituted service. Check the court file and see what the AFFIDAVIT OF SERVICE says...either way, you have to respond or they'll win a judgment against you. Good luck

Answered on 1/26/04, 1:00 pm

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