Question about summons received and failure to answer

[Dan76]

I received a summons from a law firm which needed to be answered within 30 days. It's been past that and although I have not received a notice yet, I'm pretty sure there has been default judgement against me.

My question is, I have come into an inheritance and will probably be able to settle my debt, but only when I receive money from the sale of a home which is not going to be right away.

I was told that even though I did not answer the summons, I could still go down to the court and explain and give them a reason for why I did not answer, and they will give me forms to fill out to reschedule a hearing.

My question is, what are these forms called and what is the best way to go about prolonging the wage garnishment and judgement process as long as possible?

I was thinking about maybe just making very small payments every month to each creditor and debt collector. Would this work? What about ways to tie up the case in court for a long time?

[AngelinaCatHub]

OK, I'll try, not knowing NY procedures. You said, from a law firm. Did you mean from the Court as filed in suit form and delivered by a process server? If so, yes they can get a Default Judgment. You should receive this in the mail. OR, do you have a docket number on the summons? Many CAs attempt counterfeit letters to scare people.

Can't tell you what forms but your Courthouse Clerks can. If you have a real summons by all means attempt to get it changed. You really don't want a Judgment. They are trouble. 'Hub

[Dan76]

No, I received the summons in the mail. I actually called the court today and gave them the court index number, and they said that no further action has been taken and there is no judgement against me yet.

So, is it too late to answer the summons? They are probably just really backed up -- the attorneys suing me -- and have not gotten around to getting a default judgement.

Should I hire another attorney to go with me to answer the summons, or can I just do it myself? What about contacting the law firm suing me first, or is that a bad idea?

[shark66]

There is no default judgment without a court date, AFAIK.

How much money are we talking about regarding the lawsuit?

Good luck to us all.

[Dan76]

There is no default judgment without a court date, AFAIK.

How much money are we talking about regarding the lawsuit?

Good luck to us all.

So that means even though its been more than 30 days, I can still answer the summons?

The lawsuit is for $6000, but their are two other accounts with the same bank which I have not been sent notices yet for. I'm thinking they are going to just go for everything at once instead of trying to get the $6000 and then going after me for the other two accounts.

I'm thinking my best bet is to ask the probate lawyer handling the estate with my inheritance to also help me with trying to settle and answering the summons. This way I can just pay him out of the proceeds from the sale of the house. That's how we are paying him for his probate service, when the house closes.

[shark66]

Even in utterly corrupt and creditor-friendly NY, each account is dealt with separately, they can't tie three of them in one judgment - doesn't work that way.

I agree that a local attorney should be your next stop.

Good luck to us all.