Legal Question in Credit and Debt Law in New York
What does a SUMMONS look like and what information does it contain?
Thank you for reading my question. I received a summons from a law firm/collection agency regarding a debt of 1800 to sears. I suspect it isnt an actual summons, but a form made to look like one as a scare tactic to stress me out.
On the top it says CONSUMER CREDIT TRANSACTION. But it also says it is a court paper -a summons. Yet there is no court heading, but has the civil court address and other information typed in. It states that if i dont reply in 20-30 days a judgement will be entered against me.
Does this sound like an actual summons? Friends have told me it doesnt sound right.
Many thanks.
3 Answers from Attorneys
Re: What does a SUMMONS look like and what information does it contain?
It cam take many forms but should look something like this:
Civil Court of the City of New York
County of New York
--------------------------------------x
Plaintiff;s name here,
Plaintiff Index No. #####
-against- Summons and complaint
YOUR NAME HERE,
Defendant.
-----------------------------------x
You should call the court where the address indicates the court will be and ask...Byt he way, it is illegal to issue a phony summons and you can sue them if they did...
Fax a copy to 718 504-4221 and I will check it for you...NO CHARGE
Guy Lewit
Re: What does a SUMMONS look like and what information does it contain?
Yes it appears to be a summons. It should have a case # on it. If you do not answer it in writing a default judgment will be entered.
Re: What does a SUMMONS look like and what information does it contain?
A summons contains the name of the court on top, followed by the case name, It must say hvow long that you have to answer it and the address of the Court where to answer it, with the name of the law firm.
Is it a small claims summons from the Court? The amount sounds right.
Without see ing it it is hard to tell.
Good Luck