credit card summons/complaint

[rpivending]

What is the name of your state? new york (not city)
here is my situation. i was away on vacation for about 5 weeks. when i returned i found a summons/complaint on my door in regards to a cc debt. my question is when does the 30 days start for me to file an answer. i have no idea when it was placed on my door. if i call the attorney who sent it to me (why should i believe what he says) my 30 days will be up. i called the court to see if the index # on summons was real and they have date when filed correctly listed with them. what if i dont do anything because i dont know when my 3o days starts. i know new york is a "nail and mail state" but dont they have to file an affadavit of service or something to prove when they sent / nailed this to my door. thanks in advance.......

 

[Ladynred]

There should be a 'proof of service' in the case file, yes. The 30 days in NY starts on the day you are served. If you don't do anything because you claim you didn't know when the 30 days was up, you will LOSE automatically, that excuse won't stop anything.

 

[i'llBEback]

Does the summons state a court time & date?

try & contact the court & see when it was filed & act on it.

Hope you have enough time... BOL

 

[rpivending]

thanks for the advice. i think i still have a couple of days left but i am confused about 1 thing. on the summons it says it was filed 6/13/05 but i know for a fact it was put on my door either 7/11/05 or 7/10/05 do i have 30 days from filing date on summons or date they put it on my door. as of today 7/25/05 they still have not filed proof of service (is this because they want to use 30 days from 6/13/05 is this not illegal holding summons until answer time is up...or am i missing something about what you said about date filed...thanks again

 

[Ladynred]

It doesn't really matter when the suit was filed, it CAN be months between filing and service. What matters is the date you were SERVED.

 

[rpivending]

the problem i am having is i was not at home when the paper was put on my door (was gone for 5 weeks) so i really dont know when i was served. and the court has no validation of service on record for my index number. my next move....answer? ignore..and then i think i have 1-5years to fight judgement on some rule that states something about not being served personally or something like that; that i read about somewhere.....also do you have a site link of where i can find an answer form for new york state supreme court (no cost of course if such a thing) thanks again for your help......rob

 

[akwaitress]

5 weeks?

Am I the only person here that thinks that you shouldn't take a 5 week vacation (must be nice) when you can't pay your bills? When I'm having trouble paying my bills I work extra and cut back my spending.

 

[rpivending]

if you can find the word vacation in my post then you are a better detective than sherlock himself. but thanks for reading between far and beyond the lines. but then again maybe im donald trump and this is another idea for a fox show called "VACATIONS FOR DEADBEATS"....

 

[rpivending]

OH YEA BY THE WAY MY job that is j--o---b requires me to travel but again thanks for pointing out the obvious

 

[akwaitress]

if you can find the word vacation in my post then you are a better detective than sherlock himself. but thanks for reading between far and beyond the lines. but then again maybe im donald trump and this is another idea for a fox show called "VACATIONS FOR DEADBEATS"....

I must be one hell of a detective then


What is the name of your state? new york (not city)
here is my situation. i was away on vacation for about 5 weeks.


If you have a JOB then pay your BILLS.

 

[akwaitress]

refresh memory

What is the name of your state? new york (not city)
here is my situation. i was away on vacation for about 5 weeks. when i returned i found a summons/complaint on my door in regards to a cc debt. my question is when does the 30 days start for me to file an answer. i have no idea when it was placed on my door. if i call the attorney who sent it to me (why should i believe what he says) my 30 days will be up. i called the court to see if the index # on summons was real and they have date when filed correctly listed with them. what if i dont do anything because i dont know when my 3o days starts. i know new york is a "nail and mail state" but dont they have to file an affadavit of service or something to prove when they sent / nailed this to my door. thanks in advance.......

Just in case you figure it out and edit

 

[rpivending]

i am unemployed for a living; so therefore when i go on "vacation" it is to work. if you wish to hire me for a "vacation" send to: My Vacation
Pay My Bills Rd
Collections, Summons 00001

thanks

 

[i'llBEback]

gosh.... thanks for the laugh.

right now... finding work has been so bad. I'd consider WORKING in my profession a great VACATION.

so, have you called the local courts?

 

[rpivending]

yes i call every day to see if they have filed a proof of service but so far have not. i read they have 20 days after service (what do they consider service) a) the summons left on my door b) the exact same copy mailed to me 5 days later. c) a letter from the ca with the list of complaints that was attached to my door and mailed to me. where does the 20 days start. and if there is no proof of service filed by them, and i answer the summons is this grounds for dismissal re: insufficient proof of service?