Legal Question in Credit and Debt Law in New York

Re: I have been served

First step-

contact the credit card company immediately, and tell them you are denying the debt, ask what the settlement amount would be... usually instead of going to court and having to prove a case against you many credit card companies will allow you to settle the case by paying out a lot less than what you actually are claimed to owe. If thy give you a reaosnable number and you would like to make a payment go ahed and do so, and ask that they forward you a copy of their declination to prosecute, or continue the case.

Second - if you are unable to settle for the amount they want at this time then immediately go to the court and submit an answer to their complaint. A form for this may not be available at the courthouse, but may be purchased from a local legal forms store or online on sites such as blumberg.com.

Much luck.

Re: I have been served

Go to the court where the summons and complaint is pending and file an ANSWER to the complaint DENYING EVERYTHING. The court should have a form for you to use to put in a GENERAL DENIAL of the allegations in the complaint. By denying everything you are merely forcing the plaintiff to prove each element of its case. If you admit to something they don't have to prove it...and in lawsuits you want the people suing you to have to prove every apsect of their case...if they can't, you WIN. At least your answer will force them to settle with you...push to see all the underlying documents you 'supposedely' signed...like the application, etc. Good luck.