How do i answer court summons?

[kamikazekiko]

What is the name of your state (only U.S. law)? New York

Hello and thank you in advance for any input. I have been issued a summons to answer a complaint. It is for a foreclosure notice in my house. The house is currently vacant and I now live in an apartment about two hours away. Same state, different county. The summons goes like this:

"YOU ARE HEREBY SUMMONED to answer the Complaint in the above entitled action and to serve a copy of your Answer on Plaintiff's attorney within twenty days after service of this summons, exclusive of the day of service, or within thirty days after the completion of service where service is made in any other manner than by personal delivery within the State. The United States of America, if designated as a Defendant in this action, may answer or appear within sixty days of service hereof. In case of your failure to appear or answer, judgement will be taken against you by default for the relief demanded in the Com plaint. NOTICE OF NATURE OF ACTION AND RELIEF SOUGHT."

My question is how do I answer this summons? There is no court date. I called the plaintiff attorney's office and they are no help. I just don't know what my next step or steps ought to be. Please help.

Thank you for your time in reading and answering my question.

 

[justalayman]

My question is how do I answer this summons? There is no court date. I called the plaintiff attorney's office and they are no help. I just don't know what my next step or steps ought to be. Please help.

first point: you have 20 days to respond. failure to respond will result in a default judgment against you

on Plaintiff's attorney within twenty days after service o

are you opposing the foreclosure? Are you opposing the amount set forth in the complaint where they are asking for damages?

 

[kamikazekiko]

first point: you have 20 days to respond. failure to respond will result in a default judgment against you.
are you opposing the foreclosure? Are you opposing the amount set forth in the complaint where they are asking for damages?

I am not opposing the foreclosure, except I forgot to mention that my bank has approved the house for a short sale. I contacted my bank and told them about the summons. They said I still have time to continue with short sale because there is no sale date on the property yet.

 

[justalayman]

who do you think is foreclosing?

 

[kamikazekiko]

who do you think is foreclosing?

I guess I'm not really sure. Basically, I want out of the house so bad that I moved out of it two years ago. It's just been sitting there and the banks had not gone through any actions against me before. I am the one contacting them and asking how I can get this house of my back. They gave me the option to short sale. I've tried it a couple times before, but the location is so depressed that even the realtors give up and back out of the deal. I want something to happen with it, but if I could avoid having any debts from the foreclosed sale price, I would be happy. However, my question is, how do I answer this summons? Was my phone call to the plaintiff's attorney enough or do I have to send something in writing? Do I have to hire a lawyer to make an official document or is a simple letter stating that I received the summons all I need?

 

[quincy]

I guess I'm not really sure. Basically, I want out of the house so bad that I moved out of it two years ago. It's just been sitting there and the banks had not gone through any actions against me before. I am the one contacting them and asking how I can get this house of my back. They gave me the option to short sale. I've tried it a couple times before, but the location is so depressed that even the realtors give up and back out of the deal. I want something to happen with it, but if I could avoid having any debts from the foreclosed sale price, I would be happy. However, my question is, how do I answer this summons? Was my phone call to the plaintiff's attorney enough or do I have to send something in writing? Do I have to hire a lawyer to make an official document or is a simple letter stating that I received the summons all I need?

I suggest you have an attorney in your area review the complaint and have the attorney help you with answering it. A phone call is not how you answer to a complaint. Like justalayman said, you have a limited number of days to respond.

If you do not currently have your house on the market, I suggest you put it on the market. You know how much you owe the bank to satisfy your loan. You should market it at a price enough above the loan amount so if it sells, you will be able to pay the bank and any additional costs from the sale. If the house doesn't sell soon enough, and you do not want to or cannot work out a loan modification so you can keep the house, and the bank forecloses on the house, eventually there will be a sheriff's auction and, more than likely, the bank will become the new owner of the house.

Again, I recommend you seek the help of an attorney in your area.