How to Answer a Summons for Debt Collection (In New York)

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“I like waking up in the morning and getting sued” — said no one ever.
I show you how to win your debt collection lawsuit in three easy steps in Colorado.

New York Deadline for Answering a Debt Collection Summons is 20 days
20 days - if served personally (documents were handed to you by another person)
30 days - served in any other way
You know you’ve been sued- see something like this.

Three Steps to Answer a Summons for Debt Collection.
-Answer each issue in the complaint
-Assert your affirmative defenses
-File your answer


1. Answer each issue of the Complaint.
To make your Answer to the complaint, respond to each numbered paragraph on the complaint.
Deny
Admit
Deny for lack of knowledge
You can deny all the paragraphs

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2. Assert affirmative defenses.
Here’s a few mentioned in the video
-You do not owe the money
-Contract is unfair (unconscionable)
-Statute of limitations has passed (too late to bring this case)
-The statute of limitations for filing a debt collection lawsuit for a “consumer credit transaction” is years, counting from the “date of the default.” The “date of the default” is about 30 days after you last made a payment. In other words, if your last payment was in December 2010, you can be sued for the money until January 2017.
-The statute of limitations on a store credit card (like a Macys card) is 4 years.
New York City Defenses Only
-NYC Department of Consumer Affairs shows no record of plaintiff having a license to collect debt - only for debt buyers
-No debt collector's license number in the complaint - must list number


3. File the answer with the court and serve the plaintiff.
Things to remember in New York.
If the Answer has a verification at the end of it, then you must get it verified.
Sign the answer in front of a notary public (at the bank) or clerk of court.
The fee for filing your answer ranges from $10-$140. Go here to see the fee table.
You must have someone 18 or older (not you and not involved in the case) mail a copy to the plaintiff.
Debt complaints usually say “CONSUMER CREDIT TRANSACTION,” at the top
You can create answer orally by going and speaking to the clerk

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50 State Guide on How To Answer a Summons for Debt Collection: bit.ly/2psySjz

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