Legal Question in Credit and Debt Law in New York

Served a summons

I stopped paying on a bank loan because I could not afford to pay it any longer, I am on disability, I have no other income, I do not own my own home, my husband does work, but our bank accounts are separate.I was served a summons yesterday, do I need to answer it? I have no way to pay back this loan. There is no money for them to take, because I don't earn any, right? Is there anything that they can do to me? Or to my husband? Any advice would be helpful. Thank you


Asked on 1/07/09, 11:59 am

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: Served a summons

You should always answer a summons. To answer a summons pro se you would have to appear at the clerk's office. The clerk will give you papers allowing you to file an answer.

You should also answer the summons since you may be able to work out a payment schedule with the Judgment Creditor. Worst case scenario is that a Judgment is taken against you. This will ruin your credit rating. The Judgment Creditor cannot take money that constitutes disability payments, however, if you come into money in the future you would have to pay the Judgment.

Mike.

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Answered on 1/07/09, 1:47 pm


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