ExpertLaw.com Forums

I live in NY; just received a summons from Indiana?

Printable View

  • 10-11-2006, 01:21 PM
    Meanse
    I live in NY; just received a summons from Indiana?
    I just received a summons via mail; not certified mail just mail. All I have is one page Summons letter that tells me that Capital One is suing me and I have 23 days to respond.
    (The court is State of Indiana; Circuit Court of Marion County, Indiana)

    I have several questions:

    1. How can I respond if I live in NY?
    2. Is it legal just to sue me with out ensuring I am notified? (At least certified mail.)
    3. The Summons says that attached is the compliant which was filed however nothing is attached. How do I go about finding out what it is I am being sued for? So I can respond properly. (Seems very bizarre to me.)
    4. Assuming I will be able to actually find out what I am being sued for before the 23 day time frame expires, will I be required to be physically in Indiana in order to respond or is it possible to respond via paperwork?
    5. I can’t even make out the case number on the paper it is stamped on with heavy black ink and smudged. It appears to be a 17 digit number I can make out 11 out of 17 digits. Any suggestions for tracking down the information considering I have no case number to go by?
    6. Is there a specific form I will need to use in order to file my response? If so anyone know if there is one available online as I am unable to zip on down to Indiana to get a copy or can I go to the NY court house and use there forms? In other words are the forms standardized or vary from state to state. (I know the forms have to be precise and I do not want to have a something go against me just because of paper was filed wrong.)

    Any suggestions or strategies for successful response to a similar summons

    Thank you in advance for your responses,
    Meanse
  • 10-12-2006, 08:12 PM
    Mr. Knowitall
    Re: I live in NY; just received a summons from Indiana?
    It does not appear that service by first class mail is adequate. See the Indiana Rules of Trial Procedure.

    You respond by filing an answer, and appearing in court as required. Or you object to the forum and see how the court rules. Your initial filing (answer, motion to dismiss for lack of jurisdiction, etc.) is a document (or documents). You should consider getting help from a lawyer.

    You should be able to obtain a copy of the complaint either from the law firm which is suing you or from the court in which you have been sued. The court should be able to look up the case by name.

    Without knowing what is in the complaint, it's impossible to know how to respond. I doubt you'll find a standard form, but you can inquire with the court.
All times are GMT -7. The time now is 06:14 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved