Legal Question in Credit and Debt Law in New York
My wife and I received a summons filed in the Supreme Court of the State of New York in regards to an unpaid credit card debt with GE Money Bank/ Care Credit Dental for approx. $9900.00. We do not dispute this debt. Our question is; considering we can not afford an attorney and today is the last day to file an answer,what can we do, if anything, to stave off a judgment or to keep our liability to a minimum?
1 Answer from Attorneys
If you were personally handed the summons, you have twenty days from the date of service to answer the summons. If you were served by alternate means, e.g. if the summons was left on your door and then mailed to you, then you have 40 days to answer from the date that the plaintiff filed proof of service with the county clerk (if, as you state, your case is in Supreme Court. Other courts have different time periods). This is because you get 30 days from when "service is complete" which is defined as 10 days after proof of service is filed. The county clerk may be able to tell you when the affidavit of service was filed. If the time to answer is in fact today, you should contact the plaintiff's attorney immediately and request an extension of time to answer. Get something in writing from the attorneys, either a letter or preferably a signed stipulation.