Legal Question in Civil Litigation in New York
Answering a summons
I was served a summons by a collection agency on 01.27.07. Because I disputed the claim altogether, the plaintiff atty told me that he had to look into the matter to verify the claim. When I asked for extended time to answer his summons, he told me not to worry, that he wouldn't seek judgment based on my failure to answer while he looked into matters. He now wants to go forward, and I still dispute this matter, so I suppose I must answer, but there are two things: 1. How much time do I have at this point? When I was the one seeking the extension, I sent him a letter suggesting on or about 03.15, but I also left it open, and again, he signed nothing--no stip or anything, regardless of my requests.
2. Can I answer this on my own? How do I go about this? I have a long history of dealing with this plaintiff, and as such, I don't want to pay for an atty every time they harass me. Could someone give me some pointers on how to answer a civil summons on my own, and whether this is such a good idea?
2 Answers from Attorneys
Re: Answering a summons
Even though your time has expired, if they haven ot received an entry of judgment, the Court will accept your answer but I would file and serve an answer immediately. While you can answer and defend pro se (unless the Defendant is a Corporation) I would recommend that, unless the debt alleged is an amount you are prepared and able to pay out of pocket, that you retain an attorney experienced with these matters. While they do not involve complex litigation, if you are not experienced you are likely to make procedural mistakes that can compromise your defense.
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Re: Answering a summons
Your time to answer has expired. It is strongly suggested that you get an extension of time to answer in writing, signed by plaintiff's attorney, immediately. It is also suggested that if you cannot work this out, you immediately serve an answer. It is unclear from your question what court this case is in (Supreme, Civil, small claims)or the amount involved. Generally, my suggestion is that when you are going up against a party who has an attorney, it would be in your best intersts to have an attorney representing you. However, if the amount involved is small, that may not be cost effective. Feel free to contact me should you wish to discuss this in greater detail.
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