Legal Question in Credit and Debt Law in New York

Do you have to respond to a summons that was served to you


Asked on 2/04/14, 6:46 am

2 Answers from Attorneys

Guy Lewit Guy Mitchell Lewit, Esq.

You don't HAVE to do anything. However, IF you don't respond to the summons by filing an ANSWER in the court that issued the summons (and complaint), the plaintiff will be entitled to a JUDGMENT for the amount they are claiming you owe, plus LEGAL INTEREST on the amount they claim you owe, plus certain court costs (the cost of suing you) and POSSIBLY attorney's fees (depending on the documentation they have). SO, my advice is regardless of whether you have any possible defenses to the action which is set forth in the complaint (attached to the summons), you should go to court and file an ANSWER within the time allowed by law with at least a GENERAL DENIAL ANSWER. That puts the burden of proof on the Plaintiff. They have to be able to prove you owe whatever they claim you owe and that might be difficult because of lack of documentation and/or proper witness(es). The time frame in which you must file your Answer is set forth in the summons. Then try to negotiate a settlement of the matter based on the facts and your finances. If and when a judgment is entered the judgment creditor can attempt to seize your assets (bank accounts) and/or garnish your wages or put a lien on your home (if you own it). If you have neither a bank account nor a job know that judgments are enforceable for 20 years and accrue interest at 9% per year. For example, a $1000 judgment after TEN YEARS will be over $2000. A $5000 judgment will be over $10,000. Everyone hopes to have a bank account and employment at one point or another...you don't want to have all that erased by an unsatisfied judgment.

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Answered on 2/04/14, 7:23 am
David Slater David P. Slater, Esq.

Yes, or you lose by default. Could be very expensive.

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Answered on 2/04/14, 7:34 am


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