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-   -   Got a Summons Yesterday (https://www.askmehelpdesk.com/showthread.php?t=475959)

  • Jun 2, 2010, 10:50 PM
    jay4prez
    Got a Summons Yesterday
    Got a summons from an attorney representing LR Credit 21?

    What do I do now?

    Attorney is Mel S Harris.

    I have also read that this firm uses sneaky tactics and as such I would like to verify if in fact the documents I have received are in fact real or if this is harassment.

    Img link below.

    http://i736.photobucket.com/albums/xx3/jay4prez/summonsandcomplaint2.jpg

    http://i736.photobucket.com/albums/xx3/jay4prez/summons2.jpg

    http://i736.photobucket.com/albums/xx3/jay4prez/complaint2.jpg

    Thank you in advance
  • Jun 2, 2010, 11:32 PM
    AK lawyer

    The look genuine. On the other hand, I am not a NY lawyer.

    Your best bet would be to contact the clerk of court and ask if these documents have indeed been filed, with the file number given.
  • Jun 3, 2010, 09:30 AM
    jay4prez

    Thank's I'll go up tomorrow and verify.

    What would I do in the care that this document is not an official court document?
  • Jun 4, 2010, 11:40 AM
    jay4prez

    It's official, being sued by JDB, filed an answer denying all claims as I kind of was on the spot and needed to get into work.

    Court date is set for August, problem is I was trying to get into the navy by then.

    So how do I proceed now? I haven't received the summons by certified mail, only one by standard mail.

    Do I need to follow up with the plaintiff in regards to my answer? How do I go about verification/proof?

    Thanks for the assistance in advance
  • Jun 4, 2010, 12:29 PM
    JudyKayTee

    I'm in NY - you've been served. Service by Certified Mail is NOT required.

    You've already denied. Small Claims Court (I would guess)?

    What is your defense?

    I don't know Mr. Harris. He could be honest. He could be dishonest. I'm would not count on the opinions of other disgruntled debtors concerning his practices. Check with the NYS Attorney General's Office if you have concerns.
  • Jun 4, 2010, 04:38 PM
    jay4prez
    Quote:

    Originally Posted by JudyKayTee View Post
    I'm in NY - you've been served. Service by Certified Mail is NOT required.

    What is your defense?

    I went with general defense, I can't remember the exact wording, but it was not admitting to any of their claims, am I able to add to this list of defenses at a later time?

    I was a little pressed for time and did not have the leisure.
  • Jun 4, 2010, 04:44 PM
    AK lawyer
    Quote:

    Originally Posted by jay4prez View Post
    ...
    court date is set for august, problem is I was trying to get into the navy by then....

    You might want to consider whether the Servicemember's Civil Relief Act would apply to your situation.

    Quote:

    Originally Posted by jay4prez View Post
    Do I need to follow up with the plaintiff in regards to my answer? how do I go about verification/proof?
    ...

    Need to send a copy to the plaintiff's attorney. Proof of service should be filed with your answer.
  • Jun 5, 2010, 09:27 PM
    jay4prez
    Quote:

    Originally Posted by AK lawyer View Post
    You might want to consider whether the Servicemember's Civil Relief Act would apply to your situation.

    Need to send a copy to the plaintiff's attorney. Proof of service should be filed with your answer.

    Civil Service Relief wouldn't apply to me as I am not yet enlisted.

    I will be sending out via certified mail my answer, I did a bit of research, it's not verification I need but a request for discovery, contracts, etc which pertain to the alleged debt.

    I'm rarely home and this I believe is the 1st time I'm being contacted by this company/firm so I'm thinking at this point verification is irrelevant and I should move onto having them produce any documents at all.

    Am I right in assuming the above?

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