URGET!!!! Help with SUMMONS!!!!
Date: Thu, 12/11/2008 - 17:52
I live in NY. Summons was filed by the Law Office of Michael Korsinsky. Plaintiff is GMR Capital Credit. Original debt is from Circuit City dated March 7, 2006. The complaint has 21 counts.
I contacted the court and verified it is an actual summons.
I have never received any documentation from the Law Office of Michael Korsinsky or GMR Capital Credit. Neither are on my credit report, not even as an inquiry. It is still listed as Circuit City.
In October 2007 and May 2008 I sent a CRR letter (still have the receipts!) to Circuit City asking for verification because the amount they list on my credit report is inaccurate. No response was ever received from them.
What do I do now? Here is my list of questions.
1. Do I send out a CRR letter for validation? Do I send it to the Law office or GMR; or both?
1.a. Should I wait for the CRR to come back before I file an answer with the court?
2. How do I file an answer the summons? When I go down to the court, will it be a form I have to file out, or do I have to type my own letter and bring it with me?
2.a. If I have to bring my own letter, do I have to get it notarized first?
3. Should I use “I can not confirm nor deny owning to lack of validation†as an answer? Do I have to address each count?
4. Will I see a judge the day I file my answer?
Thanks so much!!!!!!
I am not an attorney but will try to help the best I can based o
I am not an attorney but will try to help the best I can based on my knowledge. Hope this helps.
Thanks so much for your help!!! You are awesome! I know I real
Thanks so much for your help!!! You are awesome! I know I really should seek a lawyer, but can not afford one in any way, shape, or form.
A question on your response:
Quote:
You can type up your own letter and number it according to the complaints on the summons. Then bring it to the court house and usually they date stamp it. |
Is there a free template I could follow to type my response? Every page I find wants a fee.
Quote:
Include with this answer another page that says"certificate of service." stating who you sent it to, where, when how and all that. Now you have proof you filed your answer, the court has a dated copy and you will have a CM RRR green card proving you sent it. |
-So whatever letter I type right now I have to also mail to the Lawyer, or to the Plaintiff, or both?
-Do I have to provide a copy of the signature on the return receipt (the all green card) that they received it? Or can I mail it out tomorrow and go to court and give the certified mail receipt (one slip with green on it) as proof that I mailed it?
Bump, can anyone help me with my last few questions (below)?
Bump, can anyone help me with my last few questions (below)?
I am not in your state but I will tell you my opinions. When an
I am not in your state but I will tell you my opinions.
When answering the summons it must be printed up or written NEAT and formal, like the papers the lawyer sent with your summons.Start with putting your case # on the top, then just as it is on the summons, the plantiff and defendants information.Then you will write something like Now, here comes defendant,your name, Pro Se,(meaning your representing yourself) to file answers to claim.
Then you need to look at the paper that came with your summons, the one with #ed claims.You will then go # by # matching their claim and answer to their claims. Agree, Deny,Without sufficient knowledge or information therefor deny. If you agree, write agree. So say the attorney has
1.Defendant opened XXX CC in May,2000.
You would write on your own paper or form if clerk of court has one
ANSWERS
1.Agree,Deny,Without knowledge or information therefor deny ( whichever states your answer correctly)
Continue this for each and every claim they have made.Think carefully though, never ever agree to something you are not sure about or do not think is right you can put the
without knowledge or information therefor deny
and this forces THEM to verify things and your not admitting or denying completely.
When you answer all the claims you can then make your defenses.This depends on your state whether to file with your answers or not so maybe someone can answer that ,or call your clerk of court and ask if you can file defenses with your answers, but for me I had to put all my defenses with my answers.
Defenses are just that, defenses, what are the reasons you believe you should win and they should not?They have to be written up in a certain way though so google defenses to civil suit or word it different and you will pull up a lot of defenses.One would had been, IF the SOL had expired,
DEFENSES
1.Account is a time-barred account.
Another could be
2.Lack of Jusrisdiction(meaning they did not file the claim in the appropriate county)
There are many BUT only use the ones that pertain to your case.If the debt has not been validated and no proof provided, that can be one.
Then when you are done with defenses you CAN, if you like, make counterclaims.If they violated some law or fdcpa rule you can make a claim to whatever they did.You would write
COUNTERCLAIM
1.State what they did like Violated FDCPA section 809 by not validating debt when requested.This is a violation and brings a fine.
But this is only if youwant to counterclaim.
In my state I HAVE to take a copy to Clerk of Court and she file stamps it and then I get a copy and have to a copy myself certified mail to the attorney.If this is not done you could lose the case.Again, I am not familiar with your state but most are pretty close in filing an answer.After filing your answers you can force the attorney to provide certain documents if the documents will help you, in my state it is called motion for production of documents. It costs me to file that but it is the way to have the court send the attoreny something demanding the documents YOU request.If you want questions answered those are interrogatories, questions that YOU can ask the attorney that under oath they have to answer and again file with clerk of court and send certified copy to attorney.They CAN file the same things upon you to and you MUST answer truthfully any papers they send.
I am no attorney but this is what I have learned and hope it helps! Good Luck!!