Re: Followup on summons - reaching a settlement without court

Posted by joanne (217.162.250.103) on June 03, 2002 at 15:09:50:

In Reply to: Re: Followup on summons - reaching a settlement without court posted by joanne on June 03, 2002 at 14:23:53:

(sorry I hit the send in 1st post)
I meant to answer you back before,, I did some looking for you, to see if NYC has the same summons service rules as NYS, and sure it enuff, it does. NYC Civil court civil rules of procedure
chapter 693 article 4, states the the Plaintiff attorney has to serve you the summons, in consumer credit relations, service maybe done personally by the sherriff, authorized process server, or certified mail. you then have 20 days to respond to the court.
THEY MAY ALSO SERVE YOU BY NORMAL POST, where you have 30 days to respond, they can only serve by ordinary post ,as its written, if you reside in on the the five NYC counties, as you do.
HERES WHERE THE GAME BEGINS. if you were personally served, your 20 days starts from that date, they dont "buy" and index number, the index number for the case is created, when ( they have 14days from the date you were served) the file and service completed filing with a copy of the personal service,, sherriffs, rreciept,or server,
Now, under the rules, when they have chosen to serve you by normal post, the person that went to the postbox or office, within 14days of mailing the letter, just has to file an affidavit saying on this day, "I mailed it". you then have an extra 10 days, 30 days in total to respond to the court.
this is all clearly stated in chapter 693 article 4 S 403. so any arguement of improper service wont work,, they legally served you in NYC,
now you said, that when you called the clerk, there was no index number yet, which means, they havent filed service completed yet,( at the date you called) which means youve got so time, but unfortuntely in their favor, at the end of chapter four, is states that if they didnt make it 14days, it can be extended. My point is, if no index number has been issued yet, and the clerk had no record of your name,etc,,,, I would ( my opinion) SETTLE with these people, it sucks they wont lower the amount owed w/o legal fees, any way by settling, how could they justify the legal costs anyway,, but taken into fact , if they do " see you in court" they gonna get the whole amount plus legal fees,,,,,,,,,,, now,,, I have a couple more questions,,, 1, you say you got this credit card in college 6 yrs ago, where did you go to college, outside NY ?, did you apply and get the card at college address, ? 2. you say the deliquency occured 5 yrs ago, were you still at school? did you completely blow the bills off, and never pay again? the reason I ask is,, with this BS allowance of service by normal post, and the plaintiff ot their attorney swearing, yah,,, "I put it the mailbox", ( The court of appeals in NY has upheld, its their responsiblity to mail it, not for you to get it, making so easy for them to get a default judgement), well, there are some good rules in civil procedure of NYS and NYC, 1, if you signed for the card, and the cause of action ( you going deliquent) was not in NY,, they can sue you in NYC, but under the SOL where the cause of action occured,,,,,,,
2. Forget even about bringing up,, "do you think they will give me a R1",,, you say, the deliqueny is almost 5yrs old?,, New York is the only state under their civil rules, thats states, PAID and settled collections and charge offs cant be on credit reports for more than 5 yrs from deliquency, judgements on the other hand, cant be on the report for more than 5yrs from the filing date if settled,,,,,,,,,
In conclusion,, I know these M Kay people are sleaz bags, I saw what buddhipps had to say about them,, do you really beleive the letter from April 22, only was postmarked and processed at the end of May, but the blame is laided on the USPS, and they can get away with it,,,,,, the bottomline is,,,, you dont want them to sue you, then the judgement is on your reports for 5 yrs, even if you pay them immed,, on the other hand, if you settle with them, you can get the entry off your reports, that set in stone,, R1 is a wishful thinking,, by why chats right,, if you can get a Bank lawyer to "settle" with these people for less, try it,, of course taking the lawyers fees into consideration, with how much more you can save on settlement, you dont want to get into court,, after they get the judgement, they will have a "discovery" affiv sent to you, of course you have no assets, but the court wants your bank acct info, and 3 months back of transactions, happened to sister,, ( they took all her money 1st though, before aff) the court wont believe you, if you say I never had any bank accts, and they will see, as soon as you became aware of the summons, and talked to these scums, you emptied your accts,, thus hiding assets,, its written on the aff, that hiding assets after knowledge of judgement proceedings is a crime,,,

good luck,, I will go now I copy the link of NYC procedures for you,,

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