Answer to Summons Sent to Plaintiff -vs- Court?
Date: Wed, 01/13/2010 - 13:57
Got a summons and complaint for debt owed on 12/17/2009 via Substitute service, though it was followed up by a copy in the mail. I imagine this makes it proper Service?
It listed a valid Index NO. where via Public Viewer from the County Court House, I saw on 12/21/2009, they filled the Affidavit of Service
Since it was via Substitute Service, do I have 30 days from 12/17 (date of Substitute Service) or from 12/21/2009 when the AOS was filed in the court, to submit a answer?
Is it normal for a CA to request a answer only to themselves, as the attorney for the plaintiff? Or in NY, will they forward this to the County Clerk's office?
I submitted my answer to this collection agency via certified mail/receipt and also sent a copy to the County Clerk's office, who said at the moment, they can't view the image that shows as Misc Correspondence, to verify who they received this from or what is actually states.
I drafted it up via a Word DOC, including the CA file number as well as the Court Index NO and the Court venue.
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I'm now getting conflicting info from the Court as to whether the answer has to be in a legal format -vs- drafted by myself and if it has to be notorized....any help on this?
In not using a notorized generic or specific 'answer' form and disputing the debt by asking for validation of the debt, proof of agreement and assignment from their client that authorizes them to collect on this alleged debt, and to provide a copy of the original contract that bears my signature with the alleged debtor, is this a good answer/defense?
What should my next step be other than monitoring the County Clerk's Public Viewer and Court docket/calendar via e-law?
Thanks in advance.
It listed a valid Index NO. where via Public Viewer from the County Court House, I saw on 12/21/2009, they filled the Affidavit of Service
Since it was via Substitute Service, do I have 30 days from 12/17 (date of Substitute Service) or from 12/21/2009 when the AOS was filed in the court, to submit a answer?
Is it normal for a CA to request a answer only to themselves, as the attorney for the plaintiff? Or in NY, will they forward this to the County Clerk's office?
I submitted my answer to this collection agency via certified mail/receipt and also sent a copy to the County Clerk's office, who said at the moment, they can't view the image that shows as Misc Correspondence, to verify who they received this from or what is actually states.
I drafted it up via a Word DOC, including the CA file number as well as the Court Index NO and the Court venue.
[FONT=Arial][/FONT]
I'm now getting conflicting info from the Court as to whether the answer has to be in a legal format -vs- drafted by myself and if it has to be notorized....any help on this?
In not using a notorized generic or specific 'answer' form and disputing the debt by asking for validation of the debt, proof of agreement and assignment from their client that authorizes them to collect on this alleged debt, and to provide a copy of the original contract that bears my signature with the alleged debtor, is this a good answer/defense?
What should my next step be other than monitoring the County Clerk's Public Viewer and Court docket/calendar via e-law?
Thanks in advance.
You really need to check your specific court rules to determine
You really need to check your specific court rules to determine all the details of the answers to your questions. Each court, in each county of each state has their own rules. Sometimes even a specific judge within a county will have specific rules he wants followed.
Yes, I would check the rules of the court and see if you could f
Yes, I would check the rules of the court and see if you could file a Motion to Dismiss on the grounds the Plaintiff failed to include a signed contract in the Complaint.
