Just got Served in NY

[UrbanGirl]

Hi, I'm a noob, and this board seems awesome!

Anyway, I just want to make sure I answer the summons correctly. Any help would be greatly appreciated!

The server handed me 2 papers at my door the other morning for my hubby and asked that I give to him. The debt is over a year old and we havent had any contact with Cap One in a long time. No debt collector has even called.

1st page is Summons and lists hubby's name as defendant and Cap One as plaintiff. Attorney for Cap One is listed here also.

2nd page is formal complaint, lists Cap One as plaintiff

Plaintiff, by its attorney, complaining of the defendant, upon information and belief alleges:

1) That the defendant resides in the county in which this action is brought; or that the defendant transacted business within this district and this cause of action arose out of said transaction

2) Plaintiff is a national banking association

3) on information and belief defendant in person or by agent made credit card purchases and/or took money advances under a credit card agreement at defendants request; a copy of which agreement was furnished to defendant at the time the account was opened.

4) there remains an agreed balance on said account of $XXXX (just under $1K)

5) defendant is in default and demand for payment has been made

2nd Cause/action: Plaintiff stated an account to defendant without objection that there is now due plaintiff from defendant the amount set forth in the complaint, no part of which has been paid, although duly demanded.

Wherefore plaintiff demands judgement against defendant for the sum of $XXX together with the disbursements of this action

We are debt collectors, any information obtained will be used in attempting to collect this debt

Attorney listed here

THANKS so much in advance for any guidance!

[Guest usctrojanalum]

That's a fairly small balance, looking into the arbitration strategy might be a good idea. Does your husband owe Cap1 money? If yes, how far apart is the balance you believe he owes from the balance they are alleging is due?

[legaleagle]

No dates.....ask for a more definite statement to begin with. This thing could be ten years old. How would you know?

Laws of New York

Let us know what court, they have different rules at different levels.

[UrbanGirl]

Yes, it is my husband's debt only. The difference is only a couple hundred $ difference.

It is a County court and the website says if either side is self represented, and the Cause of Action is $6,000 or less, the matter will be referred to compulsory arbitration.

So what do I submit as my "answer" to the summons?

Thanks all!

[UrbanGirl]

Would ideally like to mail out on Monday. Any thoughts on what I should enter as my answers?

Thanks!

[legaleagle]

Give a general denial based upon insufficient lack of information provided by the plaintiff. No dates were mentioned, as I said previously. HE answers, not you. You can't run his case or represent him, you are not an attorney.

[UrbanGirl]

THANKS!