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recieved summons


TJN66
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Good Morning,

I was handed a summons this morning at 1040am. (Definately not a sherriff or law officer of any type.) Its against myself and my husband from Rubin & Rothman for approx $2500.

It states that we are being summoned and required to appear in our city court in our town but I can not find a date on it anywhere on the papers.

It states:

You are hereby summoned and required to appear in the city court of (my town) located at (my courthouse) in the city of (my town), county, State, by serving an answer * to the annexed complaint upon plaintiff's attorney, at the address stated below, (out of state) or if there is no attorney, upon the plaintiff, at the address stated above (out of state), within the time provided by law as noted below: upon your failure to answer, judgement will be taken against you for the relief demaned in the complaint, together with the cost of this action. (Dated December 5 from another city, same state.)

It states I have 10 days to appear and answer the summons.

Then it further states that I do not physically need to go to court to answer serve an answer.

Second page is the complaint's page. Interesting in the first paragraph says that the plaintiff is not required to be licensed by the NYC Dept of consumer Affairs because it is a passive debt buyer or the orginal creditor. (It has the original creditor listed as the plaintiff.)

I had spoken to the same office yesterday as they called out of the blue and I was not aware of who they were and was told they were "given" the account by the orginal creditor but were willing to settle the debt for less than the amount owed.

Across the bottom of the summons it has the usual we are attempting to collect a debt and any information obtained will be used for that purpose. This communication is from a debt collector with a file number and a NYC DCA lic number.

Anyway...my question is what now? I have to wait until monday to call the court to see if there is a date and I know I have to answer the summons in writing but who do I send it to? The court or to the plaintiff? We were served with 2 exact copies of the same thing. No other information or paperwork.

I never received any dunning letter from them also. I have went thru my letters and return receipts and nothing was ever mailed to me or to them.

I will check out the stickies about and read but just wanted some quick advice.

Thanks!

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I am headed to the city court monday after work and see what paperwork they need from me in response to this. I will copy and sent it to R&R also.

On the complaints page...its not like anything I have read on here either. But...I will figure this out.

The 10 days starts from when I was served correct?

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Yes, the 10 days begins with the date you were served.

By the way, I sense there might have been a little confusion here: the wording "You are hereby summoned and required to appear in the city court of..." doesn't mean you must physically appear at the court house. The term "appear", meaning to appear in the case, means to file a response. That response is called an "appearance."

That's not to say that you won't file that response at the court house in person, or that you won't eventually be at the court house in person for hearings, trials, etc. But the term "appear" has a special meaning in legalese.

I hope what I've written doesn't add to the confusion.

Good luck.

DH

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Ahh.yes that is what had me confused. I was summoned to appear but was not given a court date. Ding ding ding. the light just went on! If I dont answer then I can't defend myself because I never appeared to answer the summons. Correct?

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