[Scarf]

My question involves collection proceedings in the State of: New York

I came home today and my wife gave me what looks to be a Summons and Complaint from the District Court of NY, etc. It is in reference to a credit card debt that I am trying to settle using one of the debt settlement agencies. The debt was recently sold to a collection agency. I sent the debt settlement service a copy of it but I still have some questions. It looks legit, but at the same time, it looks like a ploy to get me to settle. There is no Index number on the Summons, just a handwritten date and number. There is also no formal date given on when to appear in Court. All it really says is that I have a certain amount of time to serve an Answer to the Plaintiff.

I received this Monday, 9/8/08, the Summons is dated 7/31/08, the handwritten date on the Summons is 8/13/08.

What gives? Is this real or a trick?

[M'sta Mikey]

If it came from the courts, it's real! What does it say next to the handwritten date? If it's the time to file an answer, then you have 30 days from that date to answer the complaint, which would put it at approximately 9/13/08. Either way, a court date will be set and you will be served. if you fail to appear, a default judgment WILL be entered against you for the amount of the debt.

Contact your debt collection agency and see how they can assist. If they cannot, contact the collector and see if you can work out some sort of agreement. If not, appear in court, state your case, and let a judge decide. If you've made honest attempts to settle the debt and can provide proof of such, all the better for you. That's better than ignoring it completely. If it does come to court, bring all of the correspondences, dates, times, conversations, etc. It may not help the final outcome, but it at least shows your diligence in regards to attempting to settle the matter.

[Scarf]

There is nothing written next to the handwritten date, just a series of letters and numbers. I searched the NY Court system's website and nothing appears. Also, isn't the Summons supposed to be signed by the Clerk?