Buffalo, NY asked in Civil Litigation and Consumer Law for New York

Q: Not sure what to do with a Consumer Credit Transaction Summons

On 5/10/17 a Consumer Credit Transaction Summons was delivered to my father in law at my address with me listed as the Defendant and Capital One Bank listed as the Plaintiff. It states that I am required to "serve an answer to the annexed compaint upon plaintiff's attorney, at the address stated below, with the time provided by law as noted below". It also states that "you need not physically go to the court to serve an answer". It also states "this communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose".

I do not deny that I owe the debt, but I cannot afford to pay the whole $4,057.66 that it claims that I owe. I can make $100 monthly payments through February 2018 in which time I should be able to pay the remaining balance. At this time I am looking for some guidance from a lawyer on how to proceed with answering this summons and how to get this settled outside of court.

2 Lawyer Answers

A: I charge $500 to answer such a summons. The payment plan you seek is obtainable, but to avoid a judgment you must answer. Once judgment is entered your credit will be impacted and it is harder to settle.

Barry E. Janay agrees with this answer

1 user found this answer helpful

Barry E. Janay
PREMIUM
Barry E. Janay pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: I charge $499 to Answer such a Summons, but if you call right now I'll throw in a free EZ Chopper 3000 a value of $19.99, but yours free if you call today!!!!

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.