Notice of Entry

Google says it could be any number of things. Entry of what? Could you see your way clear to give me some more info here? What state do you live in, and what's this all about?

Did you file Bankruptcy recently?

No I recieved a summons back in the summer time for a cc debit but no court date was set. I replied to the lawyer but did not send anything to the court. (I could not afford a lawyer and did not know what to do). I know I ignorance of the law is no defense. Now, I have been in contact with the collector trying to settle because I do not want to go to court. They sent me a copy of the summons but this time it had a Noitice of Entry

Sir :-Please take notice that the within is a (certified) true copy of a (left blank) duly entered in the office of the clerk of the within named court on
Dated, (left blank)

Yours, etc.
They did insert their name here

Notice of Settlement
Sir :-Please take notice that an order
(left blank)
of which the within is a true copy will be presented for settlement to the Hon. (left blank)
one of the judges of the within named Court, at(left blank) on the (left blank) day of (left blank)
at (left blank)
Dated, (left blank)

Does this help? I live in NY.

Damn slow-ass dial-up!

Looks kinda like they're getting set up to get a judgement against you. I have not a clue as to why they'd send it out with all those items left blank, though. But as a very wise man on this board once explained to me, "New York practice [of law] is strange".

In your position, I would seek legal counsel, if only to get some explanations. Many attorneys will give you a free initial consultation. Also, hang around here in hopes that Hockeyman will see this thread. He's our resident expert on New York legal issues.

Thanks unclewulf

Wish I could've been a little more help to ya.

Don't give up hope. There are other folks on this forum who know more about things than I do.

I wonder if sending you a document with certain info left blank is some kind of scare tactic....
So you were actually served a real summons over the summer and never went to court? Have you checked with your county courts for a docket number?

Want to be sure they are not sending you false documents as threats and scare tactics.

Volley, something about this makes me want to be wary....... I'm thinking back to some comments by Hockeyman here, in relation to another case out on Long Island.

I don't think they're false docs. But for the life of me, I don't see why there'd be all those blanks.

It does seem fishy wulf.....there was a collection agency reported here a few months back sending people dunning letters that had "summons" or " warrant" across the top of it. So I just wonder if this person was really served with a legit doc.

I was served a summons with an index number that was filed on 6/25/07, served to me (really given to my 10 yr. old) on 7/10/07(or around that date). I wrote an acknowledgement of receipt of summons to the bank immediately and received a letter from the bank that they received my letter a couple of days later. Then, I did not hear from them again until October. Tried to set up payments but was not successful. Then I did not hear back from them until Dec 31 which is when I got this Notice of Entry letter. So, I called them up, was able to get enough money to settle one of the accounts at 50% but have not been able to settle the other one due to lack of money.

What does this mean?

I am hoping that settling the one account will look good, show that I am at least trying to pay these debts off. I am hoping anyways. I was going to call them tomorrow and see if I could set up a payment plan for the one I have not be able to settle. What are your thoughts on this.

I would definitely give it a shot..make arrangements outside of court if you can.

I would take the summons and the notice of entry to your county court and find out what the status of the summons is....just so it doesnt creep back up and bite you.
I am curious about that the proper service laws are in NY and if the reciever needs to be 18 yrs old.

Who is the collection agency?

[quote=volleyballmom]It does seem fishy wulf.....there was a collection agency reported here a few months back sending people dunning letters that had "summons" or " warrant" across the top of it.[/quote]

Wish somebody'd send me a couple of those. I could use some easy cash.

Guest, I really think you ought to seek counsel. It shouldn't cost you anything out of pocket to find out exactly where you stand in all this.

jp morgan chase

hi,

here's the thing....if this is a real summons, then by now they would have already won their case by default. Once you are served, then the court gives you a certain number of days in which to reply, or answer, the summons. If you do not answer in that time, the debt collector gets a default judgment against you. And notifying the plaintiff's attorney is not sufficient--they are "the enemy" at this point. So there is no way you can count on them to notify the court on your behalf--they have to do whats best for their client, and a default judgment is the fastest and easiest way to be awarded the full amount they are seeking.

Before you go any further, I would suggest that you check with the court clerk's office in the county where they claim this was filed, and find out if there really was a case filed against you by these people. It is entirely possible that they never filed this at all, and if they did not, then they just broke federal law in a major way.

Trust me on this one, if they hire a lawyer and file a complaint in court, they wont have any problem with getting a default judgment. Actually, in many cases it is what they want, because they dont have to prove their case that way. Hell, they dont even need to have a legitimate case against you that way!

Look on the original summons. There is a section on it that states how much time you have to file an answer with the court. I do know this--in NY, you have 30 days from date of service to sign and return the "acknowledgement of receipt" form. One copy of that form must be filled out and sent or delivered back to the court within those 30 days. Also, you are required to file an answer with the court, and NY allows you 20 days from date of service for this to happen. If you do not file an answer to the summons within those 20 days, then the plaintiff gets a default judgment against you. That is why I am suspicious right now of this whole thing, because they would not need to talk with you any further about a settlement because a default judgment would award them the full amount they are saying you owe, not just a portion of it like a settlement allows. That makes no sense to me.

Also, in NY a summons is required to come with a copy of the complaint attached. At the top of the summons, it must prominently say "Consumer Credit Transaction", because this is a credit matter. There must be an index number already assigned by the court, and it must show the date the complaint was filed with the court. If there is no complaint attached to the summons, then NY law requires that they attach a notice which explains the nature of the complaint and the amount of the damages they are seeking from you. If the summons you received does not have all of this information, then you were not provided a proper summons.

Check the court clerk's office in the county where the paperwork says this was filed. If you find that they did file against you there, then it's time to speak with an attorney, I think. If not, then you can sue them for violating the Fair Debt Collection Practices Act. Each violation of this act means they owe you $1,000 plus any actual damages.

Thanks for all the great info. I did go to the clerks office and they said that it was indeed a real summons but there was no action on it. They told me that basically the collector at any time could act on it since I did not respond back in July. So I called CA and set up a payment plan. I figured this would be better than going to court. Like I said I do owe this money so I am just going to have to bite the bullet and pay it.

That is strange, why would they send a summons without a date of appearance? Sounds extremely fishy.

So its like an open ended summons? :shock:

The clerk told me that the CA really has an unlimited amount of time to do something with this. I thought it would just be easier to start talking with the CA and try to resolve this matter myself instead of letting the company I hired to do it.

I would suggest that you attempt to get it validated, that way you know that you are paying the right agency.