New York, NY asked in Consumer Law and Collections for New York

Q: JCS served me with a summons to collect a debt from OC Metabank which JCS bought 2018, Only that is a WebBank Acct.#

I never received a notice of default from WebBank Fingerhut and from what I researched MetaBank sold credit accts to WebBank in 2012 and On Oct. 2012 Terms and Conditions were changed to WebBank If this is a fingerhut acct which Im not too clear of, cause it states MetaBank OC and bought by JCS in 12/2018 JCS only put acct ending in ..9998. My copy of Terms and conditions from 2018 purchase was with WebBank. I am 68 yo and also on SSA . I asked for a discovery but as of yet JCS nor its attorneys have responded. Hearing is on 11/09/21. Im Pro-Se, I've never been to court for a debt collection. Question is should I, or can I ask for an adjournment in this case, due to my not receiving the discovery response? And can this to asked in a civil case? Plese advise. Thank You

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1 Lawyer Answer
Michael David Siegel
Michael David Siegel
  • New York, NY
  • Licensed in New York

A: If you have a default against you, then I am not sure what is on the calendar in court. If you are in default, there is no discovery. I think you are unclear of the posture of the case. Depending on how much is involved, you might want to hire a lawyer. If there is a hearing, you can definitely adjourn it if it is the first time on. Call the clerk ASAP.

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