Legal Question in Credit and Debt Law in New York

Credit Card Debt

What does it mean to serve and file an answer?


Asked on 2/14/08, 12:19 pm

1 Answer from Attorneys

Guy Lewit Guy Mitchell Lewit, Esq.

Re: Credit Card Debt

When someone sues you they have to file a set of papers with the court first. The papers are a "summons" (it tells you you are being sued and provides some facts about how you are supposed to respond...) and a "complaint", (the story of why you supposedly owe money to the person or company who is suing you). They are the plaintiff and you are the defendant. You are supposed to go to the court where the summons and complaint is filed and file your "ANSWER" to the complaint...you have to admit or deny the truthfulness of the facts in the plaintiff's complaint. if you admit ALL the facts then you owe the money...if you DENY all the facts then the plaintiff has to prove you owe the money...If you don't file an answer the plaintiff can, when the time comes, ask the court to enter a "judgment" against you (a piece of paper that says you owe them the money) which has the court's stamp on it...and that allows the plaintiff to take steps to seize your money in a bank or garnish your salary...not a good thing. SO, go to court and file your answer to the plaintiff's complaint! Then, if you do owe the money, call the attorneys for the plaintiff and work out a settlement/payment arrangement.

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Answered on 2/14/08, 12:31 pm


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