OldMatador

Received Summons in New York for CC Debt I do owe, next steps

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I had a nice surprise the other day. I received a summons to appear in a New York court within 20 days of receipt for a credit card debt I do owe. Figure it's a good time to start catching up with a layoff I had a few years ago...

Before I appear in court, I wanted to know my next steps.

The summons was issued by an officer (so it's legit) and the plantiff is representing a collection agency for the creditor.

I'm supposed to answer, but what should I do? How should I answer? should I contact the original creditor to set up a payment plan? By appearing in court, what happens? Will they have the right to garnish my wages?

Any help would be appreciated.

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I'm not panicking... :)

Let me pull out the Summons here...

It says

*Name of Collection Agency*

As successor assignee in interest to

*Original Creditor*

It has a bunch of verifications on the complaint. On number 4:

"That the plaintiff *collection agency* took by assignment for value all the rights, title and interest to receive themoneys due in accordance with the said Credit Agreement, and is the legal assignee of the original creditor..."

So I don't know if they own the debt... I'm not good with fancy legalese...

There is a verification from a deponent.

I last made a payment on this account 3 years ago, so it's within the 6 or 7 year statute.

No evidence is attached. Just numbers of what I owe.

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I am guessing they bought the debt. You may have several defenses. I would not pay them or admit to anything just now..

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I am guessing they bought the debt. You may have several defenses. I would not pay them or admit to anything just now..

How should I answer the summons? Should I go to the courthouse and ask for verification? Will it cost me anything at the present time? I was looking to go there this week. I can't just ignore the summons, since it was hand delivered to me by a sheriff.

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Hi People. I was able to file my answer at the courthouse back in January without incident and sent it to the plaintiff's attorney. I was not given a court date after I served my answer. Today, I received a phone call from the plantiff's attorney in regards to "A correspondence I made back in January." It went to voicemail, so I did not answer the phone.

What's next? I assume speaking with the plaintiff's attorney outside of a court venue is a big no-no. Are they trying to work outside of the court system? I currently do not have any judgments against me.

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I assume speaking with the plaintiff's attorney outside of a court venue is a big no-no

Courts encourage parties to a suit to attempt to settle outside of court. I would talk to the attorney.

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Courts encourage parties to a suit to attempt to settle outside of court. I would talk to the attorney.

But over the phone? I'd prefer everything in writing, and these guys served me and I answered without even mailing me a notice that they own the debt. Plus they still haven't validated said debt.

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This thread has been really helpful. Received two summons in the mail yesterday for debt I owe. Same downtown address, different accounts, same cc company, different law offices. I feel the same way about dealing with my debt and already sent offers of settlement. First step is answering. Oldmatador, how did you answer? Did you write a letter or did you fill out paperwork? Thanks in advance.

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