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Re: Followup on summons - reaching a settlement without court
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Posted by joanne (217.162.250.103) on June 03, 2002 at 20:40:20:
In Reply to: Re: Followup on summons - reaching a settlement without court posted by joanne on June 03, 2002 at 17:52:08:
dave, I will try to keep it short,,also make sure your dealing with a bankcr law,they really are the only ones that know this law S 401. Summons; issuance; form; issuance of notice of petition. (a) The summons may be issued by the plaintiff`s attorney or, if the plaintiff appears without attorney, by the clerk. (b) The summons shall direct the defendant to file his answer with the clerk and shall otherwise be in such form as may be provided by rule. It shall contain the residence address of the plaintiff and, if it is issued by the plaintiff`s attorney, the latter`s office address. Sec. 402. Summons; time to appear and answer. (a) If the summons is personally delivered to the defendant within the city of New York, it shall require him to appear and answer within twenty days after its service. (b)If the summons is served by any means other than personal delivery to the defendant within the city of New York,it shall provide that the defendant must appear and answer within thirty days after proof of service is filed with the clerk. S 403. Summons; method and place of service. Service of summons shall be made in the manner prescribed in supreme court practice,including the optional method of service by mail authorized by CPLR 312-a, but it shall be made only within the city of New York Sec. 409. Summons; filing with proof of service. (a) A copy of the summons with proof of service shall be filed with the clerk of the court in the county in which the action is brought: 1.within fourteen days after service within the city of New York, regardless of how or upon whom it was served; or 2.within fourteen days after the day of last publication, where service has been made by that means; or 3.within fourteen days after a receipt for registered mail has been returned, or ordinary mail has been posted. Sec. 410. Summons; when service complete. The service of summons is complete: (a) immediately upon personal delivery to the defendant, where S 402 (a)is applicable; or (b) upon the filing of proof of service, where S 402 (b) is applicable ********************************************** credit report time limitations ii) judgements which, from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period; or judgments which, from date of entry, having been satisfied within a five year period from such entry date, shall be removed from the report five years after such entry date; (iv) accounts placed for collection or charged to profit and loss which antedate the report by more than seven years; or accounts placed for collection or charged to profit and loss, which have been paid and which antedate the report by more than five years. and finally, the best, ( great if you are looking for a job, hun? vi) information regarding drug or alcoholic addiction where the last reported incident relating to such addiction antedates the consumer report or investigative consumer report by more than seven years; (vii)information relating to past confinement in a mental institution where the date of last confinement antedates the report by more than seven years
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