Legal Question in Credit and Debt Law in New York

Being Sued In Small Claims Court in Another state

I am being sued in a district court in NY for a debt I do not owe. However I no longer have any paperwork regarding this action. I assumed it was settle over a year ago, and I heard nothing since. Also I now live in another state, and the cost to go back and answer this nonsense in cout would be sizeable. Do I have to answer the summons? Does a new york court have jurisdiction on me? What can happen if I dont answer. Thank You for your help.


Asked on 6/21/08, 1:47 pm

1 Answer from Attorneys

Andrew M. Doktofsky Andrew M. Doktofsky, P.C.

Re: Being Sued In Small Claims Court in Another state

If you were properly served with the summons in the state you are currrently living in, then jurisdiction was obtained and you must answer it. If you have defenses to the action then you must assert them in your answer. If you do not answer, then the creditor will obtain a default judgment against you. The New York judgment can then be entered in your home state, according to the rules of your state.

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Answered on 6/21/08, 11:31 pm


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