Legal Question in Credit and Debt Law in New York
Can I validate a debt AFTER a summons has been sent?
I received a summons to appear in Court to answer to a collection
agency. I went to the FDCP website to read up on my situation.
They suggested that a person validate the debt and the collector's
right to collect it. I would like to go ahead and do that but wonder if
that isn't possible now that the summons has been sent. They have
never validated or been asked to validate this debt in the past.
They also dated the summons 11/1/04 but the letter is post-marked
11/24/04 and wasn't received until 11/26/04. The summons says
that I have 30 days to answer but does that mean from the day it
was sent, received or dated?
2 Answers from Attorneys
Re: Can I validate a debt AFTER a summons has been sent?
Therse questions can be best handled through a consultation. I am available for a free consultation.
However, let me try to answer. The plaintiff has 30 days to file his 'affidavit of service' with the court or the action may be dismissed. This plaintiff may have missed that period.
Your time to respond begins on the date postmarked on the envelope.
The plaintiff has no duty to 'validate a debt' before filing an action to collect the debt. It is up to you to 'invalidate' the debt by defending the action. Therefore, the validity of a debt may be addressed at any time until a judgment is rendered. Beware of a default judgment; they are very easy to get and expensive to remove.
Even if the money is owed, there are constructive actions a capable attorney can implement. The action can be defended on procedural grounds (I won one by attacking the 'affidavit of non-military status' - very unusual, my client was fortunate on that one) or negotiating the debt down (50% is usually a reasonable goal).
Remember to respond in some way to the summons. Even delivering to the court a letter saying you do not owe the money is a sufficient answer if you also send a copy to the plaintiff's lawyer.
Re: Can I validate a debt AFTER a summons has been sent?
The time to answer thecomplaint is 20 days if served personally or 30 days if served by substututed service. Be certain to file your answer with the Court.
Good Luck
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