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  1. #1
    Join Date
    Nov 2013
    Posts
    2

    Exclamation How to Respond to a Summons

    My question involves judgment recovery in the State of: New York
    I got a summons 3 days ago but it doesn't show the exact time & date to be there. I've tried calling their lawyers a few times since getting the summons. I've left a few messages since I can't get hold of a person. I'm scared and not sure what to do. How can I show up at court when I don't know when they want me there. It does say on the bottom you do not physically go to the court to serve an answer. I'm confused and I've never dealt with this before. I'm so stressed that I'm getting sick over this. Please I need advice.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Stressed Over Summons,

    Have you tried calling the court?

  3. #3
    Join Date
    Nov 2013
    Posts
    2

    Default Re: Stressed Over Summons,

    I will be calling on Monday.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Stressed Over Summons,

    Then that's what you do.

    Problem solved

  5. #5
    Join Date
    Feb 2011
    Location
    Arizona
    Posts
    387

    Default Re: Stressed Over Summons,

    If it's a Summons, then there is no court date set. The Summons is the notice that you have been named in the action you mention. You must file an Answer with the Court and serve a copy of the Answer on the attorneys for the other party to stop a default judgment from being entered.

    A Subpoena is a completely different animal. It is a court order that commands the recipient to attend a hearing or to produce specific items for the other party to inspect. A Subpoena always names a date and location for the hearing or inspection.

    You should also examine the Complaint which should have been served with the Summons. It will tell you the court in which the case was filed. If you do not have the money to retain an attorney, ask the court clerk if there is a local legal aid society. Your local legal aid society can identify legal aid assistance programs that may be able to assist you.

    You should also inquire as to the location of your local law library. In addition to having the law
    books with the state statutes, it will also have the New York State Rules of Civil Procedure and your local Rules of Court. The Rules of Civil Procedure and Rules of Court will explain (albeit in a lot of words) the process that the case will follow and how to do things such as file Motions, etc.

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