Receiving a summons for debt collection in New York can be a stressful experience. It's essential to understand your rights and responsibilities and take appropriate action to protect yourself. This guide provides information on how to respond to a summons for debt collection in New York.
Understanding the Summons
The summons is a legal document that informs you that a debt collector is suing you for unpaid debt. The summons will include details about:
- The plaintiff: The debt collector bringing the lawsuit.
- The defendant: You, the person being sued.
- The court: Where the lawsuit is filed.
- The debt: The amount of money owed and the reason for the debt.
- The deadline: The date by which you must respond to the summons.
What to Do When You Receive a Summons
- Read the summons carefully: Understand all the details of the lawsuit, including the amount owed, the deadline, and the court where the case is filed.
- Don't ignore the summons: Failure to respond to a summons can result in a default judgment against you, which could lead to wage garnishment, bank account levies, or other legal consequences.
- Consult an attorney: If you can't afford an attorney, you may be eligible for free legal assistance through legal aid organizations.
- File an answer: You must file a written answer to the summons within 20 days of receiving it. Your answer should acknowledge the debt collector's claim and state your defenses.
- Consider negotiating a payment plan: If you cannot afford to pay the entire debt, try negotiating a payment plan with the debt collector.
Defenses to Debt Collection Lawsuits
There are several defenses you can use to fight a debt collection lawsuit, including:
- Statute of limitations: The debt may be too old to be collected. New York has a statute of limitations that limits the time a debt collector can sue for a debt.
- Debt validation: You can request the debt collector to provide proof of the debt. If they cannot validate the debt, they may be unable to collect it.
- Improper service: If you were not properly served with the summons, the lawsuit may be dismissed.
- Unfair debt collection practices: If the debt collector used unfair or illegal tactics, you may have a defense to the lawsuit.
- Discharge in bankruptcy: If you have discharged the debt in bankruptcy, the debt collector cannot sue you for it.
Filing an Answer to the Summons
You must file an answer to the summons within 20 days of receiving it. Your answer should include:
- Admissions: You must admit or deny the debt collector's allegations.
- Defenses: You must state your defenses to the lawsuit.
- Counterclaims: If you believe you have a claim against the debt collector, you can file a counterclaim.
Representing Yourself in Court
If you cannot afford an attorney, you may be able to represent yourself in court. However, it is crucial to understand the legal process and have a strong understanding of your rights and defenses. You can find resources to help you represent yourself online and at the New York State Courts website.
Important Reminders
- Keep records: Keep all documents related to the debt collection lawsuit, including the summons, your answer, and any correspondence with the debt collector.
- Attend court hearings: If you fail to appear at a court hearing, you may face a default judgment.
- Don't ignore the lawsuit: Ignoring the lawsuit can result in serious consequences.
Seek Legal Advice
If you are facing a debt collection lawsuit, it's essential to seek legal advice. An attorney can help you understand your rights and defenses and guide you through the legal process.