Legal Question in Consumer Law in New York

summons received

the husband received summons to appear, no date or time given - for 8year old debt (at least). the summons is from colection agency not original creditor. how do we proceed?


Asked on 8/27/07, 9:06 pm

2 Answers from Attorneys

Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: summons received

file a motion to dismiss the summons for lack of jurisdiction. The statute of limitations has run, unless someone did something to toll same. If the money is significant enough, you may want to see an attorney first.

Good Luck.

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Answered on 8/27/07, 10:04 pm
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: summons received

You should consult an attorney, because without reviewing the summons and the documents the debt is based upon, I cannot determine whether you have a valid defense. Do not ignore this because a judgment will be entered.

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Answered on 8/28/07, 12:28 am


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