Legal Question in Credit and Debt Law in New York

slammed with a summons

Hi, Im upset because I received a paper that appears to be a summons, but I have this feeling it may not be. At the top it says consumer credit transaction. Its from a lawfirm suing me for 7000 from an old cc debt. There is a summons number. I had not received any letters from this firm before this. How can I tell if its a real summons or just an attempt to scare me? I appreciate your help and thank you.


Asked on 10/13/07, 12:36 am

2 Answers from Attorneys
Stephen Starr Starr & Starr, PLLC

Re: slammed with a summons

To verify that a lawsuit has been filed against you, you need to go the Clerk's Office of the Court indicated on the top of the summons and request the file.

You should assume if a law firm has sent something that is styled as a summons that it is valid. Serving phony legal papers to a debtor where no lawsuit has actually been filed with the Court is a violation of Fair Debt Collection Practices Act (FDCPA) and other laws. A debtor receiving such papers would have a claim against the law firm that issued the papers.

Please feel free to review the Frequently Asked Questions on our website at www.starrandstarr.com/faqs.htm for further information regarding collections and debtor-creditor matters.

Read more
Answered on 10/13/07, 6:51 pm
Robert R. Groezinger GroezingerLaw P.C.

Re: slammed with a summons

Sounds real to me. Answer it and file the answer with the court to avoid a default judgment without notice.

Good Luck

RRG

Read more
Answered on 10/13/07, 1:14 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in New York