[nycyoneda]

Hi, the other day someonecame to my house and gave me a summons letter from a credit card that went default on me,the summons letter is from my local county in the state of New York were I currently live.. Reads like this:

You are hereby summoned to answer the complaint in this action and to serve a copy of your, or, if the complaint is not served with this summons, to serve a notice of appearance, on the plaintiffs attorney within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally deliverded to you within the state of new york) and in case of your failure to appear or answer, judgment will be taken against you by default for the vrelief demanded in the complaint, together with the cost of this action.

Then the law firms name appears at the bottom of the page...

Any advise won how to answer this letter would be really apreciated greatly!! Attempt to collect a debt from a credit card that I was using and fell behind on my payments total is $1,500

Thank you in advance!!

NY

[Lowtax4eva]

It's not a letter, it's a summons to go to court, you have to go an defend yourself or they win automatically. Contact the lawyer who sent it and offer a settlement, ex: 50% of the total paid immediately, and see what they say.

[ScottGem]

Do not offer a settlement yet. There are many threads in the Bankruptcy and Debt forum with the same issue. I suggest you read them.

You need to file your Intent to Defend with the court. You then need to contact the creditor and request verification of the debt and a payment history. From there you can see if the debt is valid and figure out how to proceed.

[Lowtax4eva]

Scottgem, I've been meaning to ask, if it's directly from the original creditor (a credit card he used to make payments on) can he request a validation? I mean aren't his previous payments proof that he accepts the debt is his?

[ScottGem]

Its rare that the original creditor will sue. But validation is still required.

[nycyoneda]

I really apreciate the quick and timely response with this matter from every one in this board...

HSBC BANK NEVADA is the plaintiff and Cohen & slamowitz is the attorney for plaintiff..

I was never contacted by the attorney nor did I ever speak with them before so I am surprised that they actually had some one drop this off at my home , the last person I spoke with was the creditor months ago I tried to get them to loqwer the interest/fees charges etc..

When I read this summons I was surprised that the amount was almost double then the debt that I originally had when the account closed..

Do I write the attorneys a letter questioning the validation of the amount?

Thank you everyone!!

NY

[ScottGem]

Yes. But if HSBC is the plaintiff, there is a good chance they will have the documents. Nor is is surprising that the amount has doubled.

[nycyoneda]

Hi all, I apreciate all your post, I have a question I am confused that some of you say that I have to go to court but there is no court date here, and on the letter it says that the basis of the venue is defendants's residence... Now I am not working, My checking acount has a negative balance and I don't have any assets what's so ever. Any opinions will be apreciated...

[ScottGem]

You respond to the summons with an Intent to Defend. Then a court date will be assigned. Otherwise the creditor get a default judgement.