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Acceptable way to answer a summons

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smearriam

Junior Member
What is the name of your state? NY

I am inquiring about how to properly answer a summons served to me.

I signed an employee training contract for 2 years, of which I only fulfilled 1 year. The job unfortunately did not work out and something better dropped in my lap.

I do not dispute the fact that I owe the money or that I did not fulfill the length. I am disputing the repayment options that I was presented at the time I was to resign.

The contract stated either pay "within 30 days OR upon an agreed upon time between both parties" On my last day there was NO negotiation, they wanted the money either now or within a year, in monthly installments, that would have been impossible for me, or most people, to repay. Lets just say I could have bought a brand new corvette for the monthly payments they wanted.

I was served papers recently that wanted a response within 20 days or a default judgement would be made. I have made several attempts to contact the employer so that we may sit down and negotiate a repayment options. The employer will not return my calls and has not made any attempt to contact me since my last day of work. All I received was a summons from the county court.

What woud be a proper way to respond? mail a formal letter to their lawyer? OR mail something to the court? I'm thinking a letter to their lawyer would be a proper response.

P.S I am trying to avoid hiring a lawyer. I have talked to one, and he said that at this point negotiating would be my best option. And hiring him would only add to the total I owe, mostly because I'm not disputing the contract just the way the employer demanded an unrealistic amount for repayment.
 


HomeGuru

Senior Member
What is the name of your state? NY

I am inquiring about how to properly answer a summons served to me.

I signed an employee training contract for 2 years, of which I only fulfilled 1 year. The job unfortunately did not work out and something better dropped in my lap.

I do not dispute the fact that I owe the money or that I did not fulfill the length. I am disputing the repayment options that I was presented at the time I was to resign.

The contract stated either pay "within 30 days OR upon an agreed upon time between both parties" On my last day there was NO negotiation, they wanted the money either now or within a year, in monthly installments, that would have been impossible for me, or most people, to repay. Lets just say I could have bought a brand new corvette for the monthly payments they wanted.

I was served papers recently that wanted a response within 20 days or a default judgement would be made. I have made several attempts to contact the employer so that we may sit down and negotiate a repayment options. The employer will not return my calls and has not made any attempt to contact me since my last day of work. All I received was a summons from the county court.

What woud be a proper way to respond? mail a formal letter to their lawyer? OR mail something to the court? I'm thinking a letter to their lawyer would be a proper response.

P.S I am trying to avoid hiring a lawyer. I have talked to one, and he said that at this point negotiating would be my best option. And hiring him would only add to the total I owe, mostly because I'm not disputing the contract just the way the employer demanded an unrealistic amount for repayment.
**A: you need to respond in writing to the court.
 

smearriam

Junior Member
Thanks for the answer...since it is a county court, I'm assuming it will be th county court house downtown? Can I hand deliver the response? All I'm going to say in the letter is that I have tried to contact the employer to no avail. Do you think this would be acceptable?

Thanks again..
 

You Are Guilty

Senior Member
To answer your question - click the "search" link on the yellow bar near the top of the page. There have been numerous posts with nearly step-by-step instructions listed.

With respect to your underlying claim, based on your post, you don't have one. If repayment was "within 30 days" or "upon mutual agreement", it's quite clear that you'll never get "mutual" agreement on anything other than the terms already offered. The court will not care about your inability to make monthly payments, and you should be aware that judgment interest is currently 9% (which is something you wouldn't have had to pay if this didn't go to court). You also need to double check your contract to see if your former employer is entitled to legal fees as well, since those can cost as much as a Vette also.

Good luck.
 

HomeGuru

Senior Member
Thanks for the answer...since it is a county court, I'm assuming it will be th county court house downtown?

**A: read your paper; what does it say?

*************
Can I hand deliver the response?

**A: yes but make sure you get a court filed stamped copy back as evidence.

**********
All I'm going to say in the letter is that I have tried to contact the employer to no avail. Do you think this would be acceptable?

**A: not to the former employer. They want cash.
 

smearriam

Junior Member
With respect to your underlying claim, based on your post, you don't have one. If repayment was "within 30 days" or "upon mutual agreement", it's quite clear that you'll never get "mutual" agreement on anything other than the terms already offered. The court will not care about your inability to make monthly payments, and you should be aware that judgment interest is currently 9% (which is something you wouldn't have had to pay if this didn't go to court). You also need to double check your contract to see if your former employer is entitled to legal fees as well, since those can cost as much as a Vette also.

Good luck.[/QUOTE]


I don't have the contract in front of me, but my lawyer did read it and he's the one that advised me to sit down and negotiate with them, it must say that both parties would have to be agreeable to how this would be repayed. Hopefully a judge might see it that way.

The contract doesn't say anything about interest or legal fees. The papers I received did, but it was never mention in the contract. Besides calling them in Oct. several times, I've attempted to contact them 4 times this week with no response. I've never wanted this to go to court, like I said they never contacted me other than the day I left.
 

You Are Guilty

Senior Member
Well, the good news is absent a provision in the contract, it's rather unlikely they are entitled to legal fees. Interest, on the other hand, is awarded automatically to the winner by statute (the CPLR if you're bored and want to read), and, as I mentioned, it's currently at 9% (although with all the recent rate cuts by the Fed, that may change).

But in reading the repayment clause, the "default" term, if you will - that is, the one that applies absent a "mutual agreement" is "within 30 days". That can only be changed by an agreement by both parties. Your ex employer has made it quite evident that they do not agree to any terms other than the 30-day deadline. I don't think you have much wiggle room in arguing for a different interpretation here. At best, hope for a sympathetic judge who will order a payment plan of more than 30 days, because there's certainly no law that says he has to.

As an aside, if your former employer wont pick up the phone, the Post Office has this great service where, for under $0.50, they will take paper that you write things on and hand-deliver it to other people. Consider making your settlement offer that way ;) (Plus, if this does get before a sympathetic judge, the letters are evidence of your good faith attempt to settle the case. As they say "talk is cheap" - if it's not on paper, it doesn't exist).

And don't forget to get your Answer to the court within 30 days of your receipt. Failure to do so creates a big risk of a default judgment being taken against you.
 

Rexlan

Senior Member
Not much to add other than based on your post it appears that this employer offered you an opportunity and made a substantial investment in you. In contrast you dumped them because something better came along instead of meeting your commitment.

Now you want the repayment on your terms, which were not a part of the original agreement. I think this is pretty narrow on your part and if I were the judge it would be a simple matter. I suspect your attorney advised you to negotiate because that is the best you can do. After they obtain the judgment you will have a whole new set of issues including wage garnishment, bank account attachment, etc.

A new corvette cost a little over $55K so it must have been one hell of a job! Get a loan and pay these folks what you owe.
 

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