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How to Answer Summons


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Ok, long story short, hubby had Providan account that was sold in 2005. In March 06 Capitol Management sent collection letter on behalf of their client Resurgent Captial Services. Requested DV, twice, got nothing. Resurgent then sends a letter of collections stating they have purchased the Providan account, again DV twice, get nothing. Nothing further rec'd on this Providan account. On 3/1/07 I found a summons taped to our door, being sued by First American Investment Company, LLC as assignee of Providan National Bank. I know we have to respond to this summons, I just don't know what to say. It appears as though Providan has hired First American, yet Resurgent clearly states they purchaed the account. We live in upstate NY, so the taping of the summons is all legal, and since it wasn't delivered to my husband, just tapped to the door we have 30 days to respond. I know for a fact we were never notified by First American, otherwise I would have sent out a DV. Any suggestions would be most helpful and appreciated. I would like nothing more than to get this settled. I just don't want to pay a JDB some crazy dollar amount and still have the headache.

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heres a good site to check out lots of info

http://whychat.5u.com/

You need to read your rules of civil procedure..they will give you lots of info on how to respond to the summons and the time frame it must be responded to...read the site listed above and you may also want to contact an atty ussually first consults are free...hope this gives you a starting point.

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Ok, long story short, hubby had Providan account that was sold in 2005. In March 06 Capitol Management sent collection letter on behalf of their client Resurgent Captial Services. Requested DV, twice, got nothing. Resurgent then sends a letter of collections stating they have purchased the Providan account, again DV twice, get nothing. Nothing further rec'd on this Providan account. On 3/1/07 I found a summons taped to our door, being sued by First American Investment Company, LLC as assignee of Providan National Bank. I know we have to respond to this summons, I just don't know what to say. It appears as though Providan has hired First American, yet Resurgent clearly states they purchaed the account. We live in upstate NY, so the taping of the summons is all legal, and since it wasn't delivered to my husband, just tapped to the door we have 30 days to respond. I know for a fact we were never notified by First American, otherwise I would have sent out a DV. Any suggestions would be most helpful and appreciated. I would like nothing more than to get this settled. I just don't want to pay a JDB some crazy dollar amount and still have the headache.

Hi IQ. I'm in NYC, so maybe I can help.

You definitely need to go to the court and ask for a copy of its Rules of Civil Procedure. What I fould out though (while helping a friend who lived outside of NYC with her case) is sometimes the courts don't have anything printed up or even on the net that you can use. If your court does not, you can get a pretty good idea of how things work by reading this booklet: http://www.nycourts.gov/publications/GuideforProSes.pdf.

I have successfully defended two cases brought on by JDBs. I am currently defending my third one now. If you want, you can PM me, and I can help you write a response.

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