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  1. #1
    Join Date
    Jan 2009
    Posts
    3

    Post Affidavit Instead of Appearance

    My question involves collection proceedings in the State of: NY

    1) My question is can you use an affidavid instead of appearance in a credit summons.

    2) Also what if you are being persued to appear in another state other then the one you reside?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Affidavit Instead of Appearance

    If you're being sued, you have to answer the complaint on time as described in the papers served upon you. The issue is normally whether your answer is sufficient, not whether it's notarized. There are circumstances in collection cases where having a notarized answer is helpful or appropriate, but I don't know enough about your circumstances to speak to that; but even then, the answer needs to be in proper form.

    If you are being sued in another state, you can potentially raise jurisdictional issues.

    We don't know anywhere near enough to address your case, so at this point I must say: Consult a lawyer.

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