motherof3 Posted October 30, 2009 Report Share Posted October 30, 2009 (edited) Please help. Received summons to appear on Friday, Oct 23, 2009. Called city court, they told me I needed to contact the lawyer on the paperwork. Here is the COMPLAINTPLAINTIFF BY ITS ATTORNEYS, COMPLAINE OF THE DEFENDANTS, RESTPCETFULLY ALLEGES THAT:1. PLAINTIFF IS A FOREIGN LIMITED LIABILTY COMPANY.2. UPON INFORMATION AND BELIEF, THE DEFENDENT RESIDES OR HAS AN OFFICE IN THE COUNTY IN WHICH THIS ACTION IS BROUGHT OR THE DEFENDENT TRANSACTED BUSINESS WITHIN THE COUNTY INWHICH THIS ACTION IS BROUGHT, EITHER IN PERSON OR THROUGH AN AGENT AND THE INSTANT CAUSE OF ACTION AROSE OUT OF SAID TRANSACTION.AS AND FOR A FIRST CAUSE OF ACTION3. PLAINTIFF REPEATS AND REALLEGES EACH AND EVERY ALLEGATION CONTAINED IN THE FOREGOING PARAGRAPHS AS IF MORE FULLY SET FORTH HEREIN4 PLAINTIFFS PREDECESSOR IN INTEREST, HSBC CARD SERVICES IN (HEREINAFTER "ORIGINAL CREDITOR") OFFERED TO OPEN A CREDID CARD ACCOUNT, ACCOUNT NO>XXXXXXXXXXXX (HEREINAFTER THE "ACCOUNT" IN DEFENDENTS NAME5, DEFENDENT ACCEPTED THE OFFER BY USING THE ACCOUNT6. DEFENEDENT DEFAULTED BY FAILING TO REPAY THE BALANCE DUE UNDER THE ACCOUNT. DEMAND FOR PAYMENT WAS MADE, BUT DEFENDANT FAILED TO REPAY THE BALANCE OWED.7 THE ORIGINAL CREDITOR SOLD THE ACCOUNT, INCLUING ALL RIGHT, TITLE AND INTEREST IN AND TO THE OUTSTANING BALANCE OWED BY DEFENDANT, AND PALINTIFF IS NOW THE OWNER AND ASSIGNEE OF THE ACCOUNT.8 DEFENDENT NOW OWE A BALANCE OF XXX.XX AS OF APRIL 30, 2007 WITH INTEREST FROM APRIL 30, 2007 NO PART OF WHICH HAS BEEN PAID DESPITE DUE DEMAND THEREFOR.WHEREFORE, PLAINTIFF DEMANDS JUDGEMENT AGAINST DEFENDANDT IN THE SUM OF XXX.XX WITH INTREST FROM APRIL 30, 2007 TOGETHER WITH COSTS AND DISBURSEMENTS, THE UNDERSIGNED ATTORNEY HEREBY CERTIFIES THAT TO THE BESO OT HIS.HER KNOWLEDGE INFORMTIAON AND BELIEF, FORMED AFTER AN INQUIRY REASONABLE UNDER THEREIN ARE NOT FRIVOLOUS AS DEFINED IN PART 130-1.- OF THE RULES OF THE CHIEF ADMINISTRATORQUESTION---HOW DO I ANSWER TO THIS. TIME IS RUNNING OUT. GONNA HAVE TO OVERNIGHT MAIL ANSWER. I have read all forum on this matter here but I dont think I saw an answer as to how to respond to the summons. I am located in the state of NEW YORKany and all help appreciated. Edited October 30, 2009 by motherof3 Link to comment Share on other sites More sharing options...
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