Legal Question in Credit and Debt Law in New York

Re: summons for credit debt

You are entitled to represent yourself. This is relatively easy because the obligation and the law suit is common (many people gt sued). The first question you have to answer BEFORE you fight this is DO YOU OWE THE MONEY? Sometimes it is better to settle than fight. My suggestion is that you check your own records to make sure that they are not suing you for MORE than you really owe..remember interest adds up...and then call the attorney for the credit card company and try to negotiate a quick settlement...since they work on commission, they'll be happy to reduce the amount IF you agree to make monthly payments...they've done their job and will make fees without doing much work...If you can't get a deal and wish to fight you do have to go to court and file an ANSWER to their COMPLAINT. Most courts have a clerk who can assist you and most of the forms are pretty much filled out already. The burden of proof is on the creditor (the plaintiff who is suing you) to prove their claim and sometimes they won't want to provide a person to go to court and you can win just because of that...remember the golden rule...ADMIT NOTHING.

Call if you need further help 718-788-7825.

Re: summons for credit debt

Go .. call the Court..ask them how to put in an answer...if you do not, you will be defaulted and a judgment will be taken against you and that is more work for you to remedy.

Depending in the size of the debt, you may need a lawyer.

Feel free to contact me with any questions.

Good Luck

RRG

Re: summons for credit debt

This is the first step by the creditor in obtaining a court order to help collect the debt. After this, the creditor may garnish your wages( take money directly from your paycheck) or seize your assets (take money from your bank account or foreclose on and sell your home).

You must 'file an answer'. This means go down to the courthouse and give the clerk what is called an 'answer'. The answer must have the name of the court and the index number at the top of the page. Then it must list you as the defendant and the creditor as the plaintiff. Then write in bold capitol letters the word 'answer'. Then write "I deny the allegations and claims of the plaintiff". After that, a hearing or trial will be scheduled wherein you can fight or negotiate a settlement with the creditor. You will now have options. You are welcome to a consultation at my offices for no fee at 42 West 44th St, NY,NY. Please call for an apointment first -646-591-5786.

Re: summons for credit debt

It seems you are being sued. You need to respond to avoid a default.