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  1. #1
    Join Date
    Oct 2007
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    pulaski,ny
    Posts
    4

    Default Collection Lawsuit Summons in New York

    Hi
    I received a summons for a credit card that I owe. I've contacted the debt collector to set up a payment schedule. They are telling me that my balance is about $500 more than what the summons states. What do I owe? what ever they say or what the summons says?
    Thanks

  2. #2
    Join Date
    Jul 2006
    Posts
    5,438

    Default Re: Summons,NY

    Do not ignore this.

    Go to court when you are supposed to and try to work out a payment schedule with the lawyer the creditor sends.

  3. #3
    Join Date
    Oct 2007
    Location
    pulaski,ny
    Posts
    4

    Default Re: Summons,NY

    Thanks for the reply but that really didn't answer my question.I don't plan on ignoring this matter .I am trying to get this resolved. I am confused about the amount on the summons (dated 9/24/07) and the amount they're telling me over the phone. The summons states
    "there remains an agreed balance on said account of $1197.11 plus a 2nd cause of action reasonable attorney fees agreed upon up to 20% provided by law in amount of 239.42 making total due of 1436.53"
    I contacted them this morning to work out a payment plan and they say the balance is $1919.42. Why would they give 2 different amounts?
    thanks again

  4. #4
    Join Date
    Jul 2006
    Posts
    5,438

    Default Re: Summons,NY

    Quote Quoting kodiak1
    View Post
    Thanks for the reply but that really didn't answer my question.I don't plan on ignoring this matter .I am trying to get this resolved. I am confused about the amount on the summons (dated 9/24/07) and the amount they're telling me over the phone. The summons states
    "there remains an agreed balance on said account of $1197.11 plus a 2nd cause of action reasonable attorney fees agreed upon up to 20% provided by law in amount of 239.42 making total due of 1436.53"
    I contacted them this morning to work out a payment plan and they say the balance is $1919.42. Why would they give 2 different amounts?
    thanks again
    Do not ignore this.

    Go to court when you are supposed to and try to work out a payment schedule with the lawyer the creditor sends.

  5. #5
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,251

    Default Re: Collection Lawsuit Summons in New York

    Did you ask? You'll need to ask the creditor's lawyer your questions when you see if you can work out a payment plan. They don't have to accept a payment plan but certainly see if you can work something out.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around.

  6. #6
    Join Date
    Oct 2007
    Location
    pulaski,ny
    Posts
    4

    Default Re: Collection Lawsuit Summons in New York

    Hi Betty
    yes I did ask . They've agreed to take 2 payments of$140 each and after the the 2 months they will make me a new offer. They also said not to worry about the summons as long as I stick to the agreed payment. Said my balance is more than the summons states due to interest. The whole thing does't sound right to me especially the part about the summons. Should I go to court anyway and tell them that I 've made payment arrangements? Thank you for all your help.

  7. #7

    Default Re: Collection Lawsuit Summons in New York

    In NYS once a debt goes into collections it's no longer allowed to gain interest. Check the NYS Attorney Generals Website.

  8. #8
    Join Date
    Oct 2007
    Location
    pulaski,ny
    Posts
    4

    Default Re: Collection Lawsuit Summons in New York

    Thanks for the tip.

  9. #9
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,620

    Default Re: Collection Lawsuit Summons in New York

    Quote Quoting ZacUSNYR
    View Post
    In NYS once a debt goes into collections it's no longer allowed to gain interest. Check the NYS Attorney Generals Website.
    I don't see it, and I'll remain very skeptical until I see verification of that claim.

  10. #10

    Default Re: Collection Lawsuit Summons in New York

    From what I understand from dealing with my collections - once the debtor puts the collection out to a third party collection agency, they cannot collect more then what is owed. I'd call the district attorney office and ask them

    http://www.oag.state.ny.us/consumer/...ollectors.html

    I contacted them concerning a collection agency tacking on $25 as a collection fee and that quickly disappeared.

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