![]() Many times, this extra time will help the defendant organize and “regroup” to figure out the nature and extent of outstanding debts and obligations (because, as mentioned above, “where there is smoke, there is fire!” that is, a bunch of credit card debts hitting at the same time). Another example would be where the Complaint does not even make out the bare bones requirements to establish a breach of the alleged credit card agreement (called “failure to state of cause of action”).Īside from the possibility of actually having the action dismissed by the court, the Motion to Dismiss may also serve to delay the formal answering of the Complaint unless and until the judge denies the Motion after consideration (be mindful, that delay without any other purpose may be sanctioned by the court if the delay was intended solely to annoy or harass the plaintiff). ![]() For instance, if the defendant does not believe that he was properly served with the Summons by the process server, he may challenge the court’s jurisdiction over him by bringing a Motion to dismiss the case based upon lack of “personal” or “in personam” jurisdiction. Some of the Affirmative Defenses discussed below should or may be brought before actually serving an Answer to the Complaint. Sometimes, the lawsuit is a “goner” from the start for various reasons. The decision as to which option to take is part of an overall strategy, and different options may be advisable depending on the particular situation. Methods of responding to the SummonsĪfter the Summons is served, the defendant is presented with options as to how to proceed, which typically are: (a) serving an Answer to the Complaint (b) filing a Motion to Dismiss the case before serving an Answer (c) contacting the plaintiff’s attorney about settling the debt (d) considering bankruptcy options (generally, people with one credit card debt have a bunch of other credit card debts) or (e) doing nothing! (this option may result in a default judgment in favor of the plaintiff). This will, obviously, have the effects of putting assets and income at risk of collection for the enforcement of the judgment, as well as adversely impacting upon one’s credit score. If not responded to, then the credit card company may proceed to request that the court enter a “default” judgment because the defendant failed to respond. It is very important that the Summons is not ignored. ![]() The Complaint should set forth the relevant allegations regarding the debt in order to allow for a meaningful response. The Summons must be accompanied with (a) a Notice of the nature of the lawsuit (b) an Endorsed Complaint (which is similar to the Notice, but is only permitted in certain courts) or (c) the Complaint. The Summons sets forth the name of the court in which the case has been commenced (for instance, “Civil Court of the City of New York, County of Kings”), and the Index Number and filing date. The filing of the Summons signifies that the credit card company (or its assignee) has elected to sue the account holder to recover for the debt owed on the credit card account. The filing of the Summons signifies that the credit card company (or its assignee ) has elected to sue the account holder to recover for the debt owed on the credit card account.
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