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petercrissgirl · Feb 17, 2009, 09:48 AM

"Hello,

I am a resident of NYS, Oneida County. I received a summons today for an old credit card debt. The plaintiffs are WORLDWIDE ASSET PURCHASING, LLC 9911 Covington Cross Drive, suite 107, Las Vegas NV 98144. This is NOT the original creditor (Originally was DIRECT MERCHANTS BANK). The representing law firm is: FABIANO & ASSOCIATES, 1035 7th St, Liverpool NY 13088. The summons if for the amount owed to the original creditor, plus 9% interest, plus fees. It states I have 10 days to answer and I do not physically need to go to court to answer. My questions are:

1. What is my next step? How do I "answer"?

2. I am currently unemployed and have no assets (car, house)

3. I thought the plaintiff (Worldwide Asset Purchasing) can only legally sue for the money that was actually spent by them. For example, they bought this bad debt for 500.00, then that is what they can sue for also court/legal fees?

4.What do I mark for my defense on the "answer"?

5. How do I request a "discovery"?

I need help!

Thanks,

Beth"

ScottGem · Feb 17, 2009, 09:55 AM

1. You respond with a simple letter indicating your Intent to Defend.

2. OK

3. You thought wrong. They can sue for the balance owed plus interest and fees.

4. You don't have to mark anything simply state you Intend to defend against the case and ask for a hearing to be scheduled.

5. Send a copy of your Intent to Defend letter to the plaintiff asking for verification of the debt, its balance and their right to collect it.

You don't say how old the debt is, but you should check the Statute Of Limitations for NY. Creditors only have so long to initiate legal action for a debt.

Your hope is that they will not be able to verify the debt so the court will dismiss it. If not a judgement will be entered against you, but since you have no income or assets, they will just have to hold onto the judgement untril you do.

petercrissgirl · Feb 17, 2009, 10:00 AM

Hi Scott,
Thanks for the help. The debt is almost 5 years old (11/23/2004). I think NY SOL is 6 years. I was also advised to send a letter of discovery? Is there an "official form" for this?
Thanks!
Beth

ScottGem · Feb 17, 2009, 02:48 PM

Originally Posted by petercrissgirl

I was also advised to send a letter of discovery?

This is Small Claims court you don't need to be formal, in fact its usually better that you aren't. The letter requesting verification that I referred to in #5 is your "discovery"

petercrissgirl · Feb 17, 2009, 04:17 PM

Scott,
Thank you so very much! I greatly appreciate it! I was researching this and found something called a "sworn denial" which was suggested to include with the answer to the summons. Also, should all the paperwork I submit (answer to summons, discovery letter etc... ) all be notorized?
Thanks again,
Beth:confused:

ScottGem · Feb 17, 2009, 04:19 PM

Again, there is no need to get all formal. You can't make a sworn denial, since you haven't gotten any documentation yet.

And no its not necessary to get anything notarized. Notarization just affirms that the signature has been verified as to identity.

petercrissgirl · Feb 17, 2009, 04:33 PM

Hi scott,
Thank You, should I mail my answer to the cour via certified mail or physically go there to do so? Also, should my response to the lawyer be mailed certified as well?
Thanks!!
Beth

ScottGem · Feb 17, 2009, 04:36 PM

Sending certified mail or appearing in person are up to you. It would be better if you can have proof of delivery.

petercrissgirl · Feb 17, 2009, 04:44 PM

Hi scott,
One last question... when I answer to the court for the summons, do I just type up a letter on my own and include a copy of the summons? As long as I have proof by sending it certified, I should be okay?I don't want to miss the time frame and get the automatic judgment. Also, if in the future, I decide bankruptcy may be best for me, considering my current job status, what would happen if a judgment was decided against me?
Thanks, you have been VERY helpful!
Beth

ScottGem · Feb 17, 2009, 06:34 PM

Yes just type up the letter

If you do go the bankruptcy route, the debt should be discharged.

petercrissgirl · Feb 18, 2009, 06:51 AM

Scott,
In NYS, do you know if there is a limit as to how many judgments could be placed on a person at once? For instance, say another collection agency wanted to sue for a different credit card debt, would the first judgment need to be paid before a action could start on another? As far as I know, NYS has limitations on wage garnishment for this type of action. I am really concerned and am thinking I will have no other option but trying bankruptcy.
Thanks again,
Beth

ScottGem · Feb 18, 2009, 06:54 AM

No there is no limit on judgements. But the first creditor to serve a writ of garnishment gets paid. As you not there is a limit on the amount that can be taken from your pay.