Got served with a debt lawsuit summons in New York? You have a limited time to file a written answer or a default judgment will be entered against you automatically. Here is exactly what you need to do — and how to do it free in minutes.
A debt lawsuit — also called a consumer credit action — is when a creditor or debt buyer files a case in New York Civil Court, Supreme Court, or another court claiming you owe money. Common plaintiffs include original creditors like credit card companies, and debt buyers like Midland Credit Management, Portfolio Recovery Associates, and LVNV Funding.
When you are served with a Summons and Complaint, the clock starts. You must file a written answer with the court before the deadline — or the plaintiff can get a default judgment against you without any hearing.
New York's consumer credit answer form lets you check defenses including: general denial, improper service, identity theft or mistaken identity, debt already paid, disputed amount, plaintiff lacks standing, statute of limitations expired, debt discharged in bankruptcy, military service, and unconscionability. You can also raise a counterclaim if the plaintiff violated debt collection laws.
Once you file your answer, the case must proceed to a hearing. The plaintiff must actually prove their case. Many debt collection cases are dismissed or settled favorably once the defendant files an answer — because the plaintiff often cannot produce the original contract or prove the chain of ownership of the debt.
Enter your name, the plaintiff's name, county, and index number from your summons. The form updates in real time.
Check the defenses that apply to your case — identity theft, paid debt, statute of limitations, wrong amount, and more.
Download your completed answer, sign it, make copies, serve the plaintiff's attorney, and file with the court clerk.
Don't let them get a default judgment. Build and download your completed written answer in minutes — at no cost.
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