eyecon Posted November 22, 2004 Report Share Posted November 22, 2004 I've searched but couldn't find anything close...I received a summons 3 months back (before finding this board) and made payment arrangements with the CA. I've been making the payments on time but today I received a copy of a judgement by default. I called the CA and said I thought making the payment arrangements would hold off the judgement. They said that they couldn't stop the judgement but wouldn't act on it if I kept making my payments. They said they weren't going after my bank accounts or wages if I kept my payments up.Was there something I should've done when I received the summons other than contact the CA? Is there something I should be doing now? Again, this was all before I found all the useful info here. If I knew then what I know now...Even though she was friendly on the phone, I realize they aren't my friends and can't rely on what they tell me on the phone.BTW, I'm in NYS Link to comment Share on other sites More sharing options...
dixiedrifter Posted November 23, 2004 Report Share Posted November 23, 2004 Ok its a little late but you found out the hard way... NEVER BLOW OFF A SUMMONS!!!!You should have negotiated to have the lawsuit dismissed or vacated upon payment in full... Link to comment Share on other sites More sharing options...
impudence Posted November 23, 2004 Report Share Posted November 23, 2004 Did the CA make any sort of representation to you that the suit would be dropped in exchange for the payments? Was the suit even mentioned when you contacted the CA? Other than that unless there was something wrong with the service I think you are out of luck. Sorry. Link to comment Share on other sites More sharing options...
eyecon Posted November 23, 2004 Author Report Share Posted November 23, 2004 Well, I didn't think I was "blowing off" the summons. On the summons it stated that I could answer with the court or contact the plaitiff (as I understood it). When I called, I told them that I wanted to make arrangements and asked what I could do to stop the judgement. So, we set up payments. I don't remember the specifics of the conversation but I don't think they said specifically the suit would be dropped, just that they weren't coming after me.The summons is stated as below:"By serving an answer* to the annexed complaint upon plaintiffs attorney, at the address stated blow, or if there is no attorney, upon plaintiff, at the address stated above within the time provided by law as noted below:Upon your failure to answer, judgement will be taken against you for the relief demanded in the complaint, together with the cost of this action.*You need not physically go to the court to serve an answer."So, I took it that by contacting the attorney (CA) that the judgement would not be taken.I guess I should have also answered the summons with the court? Link to comment Share on other sites More sharing options...
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