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  1. #1
    Join Date
    Apr 2008
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    3

    Default Served With Appearance Notice

    My question involves collection proceedings in the State of: NEW YORK

    My wife received a sheriff's delivered appearance notice issued from the state supreme court; Onondaga County, NY.

    It's for a year old overmilage charge we received after turning in our previous aut lease. It's for about $2k. We intended to pay it off via a payment program, however Chrysler Financial would not talk to us and only wanted full payment. Now some law frim has filed against us.

    Question; Can this debt be negotiated now that its gone into the court system? Does my wife have to 'appear'... not that there is any appearance date on this single piece of paper? We've never had anything like this happen before and really don't know where to turn for assistance.

    Do we call the law firm that is suing us? Or should we hire an attorney?


    Thanks, all for your help and guidance.

    Bill

  2. #2
    Join Date
    Sep 2005
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    Default Re: Served With Appearance Notice

    You can attempt to negotiate with the plaintiff's law firm.

    If your wife doesn't appear and defend, a default judgment will be entered against her.

    If you wish to hire a lawyer, you may do so.

  3. #3
    Join Date
    Apr 2008
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    3

    Default Re: Served With Appearance Notice

    my wife called the law firm they were polite but said 'pay' or we'll have you arrested. they agreed to a payment plan for the full amount but said they were sending her a form she had to sign that would 'confirm her guilt'.

    I really don't like the sounds of that. Is this legal or just a scare tactic?

    If we hire a lawyer, will that really make a difference? If we agree to this form, does she still have to go to the court house?

    When she called the court, they said talk to the creditor's law firm not them.

    I'm confused.

    B

  4. #4
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    Default Re: Served With Appearance Notice

    "Pay or we'll have you arrested" sounds like an unlawful collections practice. Report it to your state attorney general's consumer affairs division.

  5. #5
    Join Date
    Apr 2008
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    3

    Default Re: Served With Appearance Notice

    Also, just curious. Because the 'summons' was delivered by a sheriff's deputy does that mean it was issued by a court or can a collections law firm hire cops to deliver papers?

  6. #6
    Join Date
    Feb 2008
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    109

    Default Re: Served With Appearance Notice

    Quote Quoting billsyr
    View Post
    Also, just curious. Because the 'summons' was delivered by a sheriff's deputy does that mean it was issued by a court or can a collections law firm hire cops to deliver papers?

    If it is a true summons it was filed in court and your state probably mandates that an officer of the court serve the defendant.

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