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suspicious subpoena


xavierq
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I originally posted this in Collections (http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=274662)

but it seems this is more of a legal issue that I'd realized, so I'm reposting it here (since I've no idea how to have a thread moved, and I should probably summarize it anyway)

I received a subpoena just under a week ago. When I say received, I mean they jammed it inside my storm door and took a walk. And when I say suspicious, I mean the thing's dated a month ago, and for all I know I've already defaulted.

I know I need to answer the subpoena, and find out of it's already defaulted. I'm reading the stickies on how to do that. Is there anything else I need to know? Should I get an attorney?

(full info is in the linked post, if I've forgotten anything important)

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Did you call your local court as suggested in the other thread? You need to find out the status of this....NOW.

(Also...you said it is your debt. Wrong. You owed Fleet Bank some money. The wrote it off and sold the right to try to collect it to some low-life JDB. The JDB probably paid like maybe $150 dollars to Fleet for this. You don't owe them squat. Fight this...do a search on "chain of custody", etc.)

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I've never in my life found a way to contact a court by phone. There's no phone number anywhere on the document. The earliest I can show up in person is Tuesday, so I'm probably going to prepare an answer to the summons hoping it's not already defaulted, and find out the info when I go down there. Is this the correct course of action?

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I've never in my life found a way to contact a court by phone. There's no phone number anywhere on the document. The earliest I can show up in person is Tuesday, so I'm probably going to prepare an answer to the summons hoping it's not already defaulted, and find out the info when I go down there. Is this the correct course of action?

Have you looked online? Most states have this info available online.

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First, do plan on showing up Tuesday. Second, go with the attitude that you have not been presented with any evidence that this in any way your debt. At this point, you don't know if you owe these people.

(As to finding the phone number, look for "clerk of courts" in the grey pages of your phone book Even here in nowhere, iowa, the local Iowa Telecom book has listings).

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First time for everything. Just spoke with the Associate Court Clerk. Leaving it taped to my door does constitute proper service if three attempts to contact me in person were made (gee, can't imagine why I wasn't home during the day on a weekday). He said that they haven't yet filed an affidavit of service, which I think means the clock isn't even ticking yet.

I know I have to answer the summons when I go down there on Tuesday, but I don't know if they set a court appearance at that point or what. I'm assuming we have to actually be in court before I can request discovery and force them to establish chain of title? I just don't want to say or do something stupid, or get caught up in some fast track for speedy summary judgments.

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Summons. Guess I should list some of the stuff if I'm gonna try to answer it, maybe there's things I should and shouldn't say.

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1. Plaintiff is a corporation organized under the laws of the State of New York. Plaintiff is either the original creditor or is the holder in due course of the obligation as assignee thereof.

2. That the defendant(s) resides in the county in which this action is brought; or that the defendant(s) transacted business within the county in which this action is brought in person or through an agent and that the instance cause of action arouse out of said transaction.

For a first cause of action:

3. The defendant(s) heretofore entered into a credit card agreement with plaintiff's predecessor in interest, FLEET BANK.

4. Under the terms of the agreement the defendant(s) were authorized to, and did make, charge purchases and obtain cash advances and were obligated to repay the same together with applicable interest however, defendant(s) defaulted in making the payment due leaving a balance of $6,216.28 as of November 30, 2003, together with an attorneys fee of $1,243.26 making a total of $7,459.54

5. Plaintiff took by assignment all right, title and interest to receive the payments due pursuant to, and in accordance with the said credit card agreement, and is the legal assignee of the original creditor.

6. Defendant(s) is/are liable to plaintiff as a result of defendant(s) breach of agreement.

For a second cause of action:

7. That heretofore, plaintiff, or the assignor, rendered to defendant(s) monthly, full, just and true accounts of the indebtedness due and owing by defendant(s) as a result of the aforesaid transaction, which is the sum set forth above, and said statements were delivered to, received, accepted and retained by defendant(s) without objection, resulting in an account stated for the amount claimed above.

Wherefore, plaintiff, or the assignor, rendered to defendant(s) for the sum of $7,459.54 with interest on $6,216.28 from November 30, 2003, together with costs and disbursements.

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New York is a nail it and mail it state:

where service under paragraphs one and two cannot be made with due diligence, by affixing the summons to the door of either the actual place of business, dwelling place or usual place of abode within the state of the person to be served and by either mailing the summons to such person at his or her last known residence or by mailing the summons by first class mail to the person to be served at his or her actual place of business in an envelope bearing the legend "personal and confidential" and not indicating on the outside thereof, by return address or otherwise, that the communication is from an attorney or concerns an action against the person to be served, such affixing and mailing to be effected within twenty days of each other; proof of such service shall be filed with the clerk of the court designated in the summons within twenty days of either such affixing or mailing, whichever is effected later; service shall be complete ten days after such filing, except in matrimonial actions where service hereunder may be made pursuant to an order made in accordance with the provisions of subdivision a of section two hundred thirty-two of the domestic relations law;

That's New York Rules of Civil Procedure, 308(4).

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So after spending the last 12 hours researching instead of sleeping, I've still no idea what I'm doing here.

I found the form to answer the summons. It's gives me a box five or six lines long for my response. Everything I see says I should need multiple pages... maybe I'm not meant to include defenses at this time, but I can't find anything stating that, and I don't want to waive those rights.

I need to know exactly which defenses and counterclaims apply to my case and are appropriate in my state. The only lists I find are generic across all states and contain language I simply can't understand.

I'm running out of time today to actually go do this, I'm about to just copy and paste every defense I can find, regardless of its relevance.

I spent a lot of time on google seaching "new york" and "answering summons" and "affirmative defense" and most of what I come up with says "you should have paid your bills you bum, now suffer"

I can't afford to hire an attorney. I took off from work and class today to deal with this, and am still no closer to solving it. I can't afford to take off again. It honestly seems like it'd just be easier to take a judgment and hope they leave me enough to pay my bills.

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