Hello everyone, so happy to have found a board like this to help me recover my credit. I have so helpless for so long until now. Thank you. Here is my first question: I received a summons in the mail on 10/27/06 or a few days after. Well, I had moved, so it was originally dated 08/09. It said on the summons that I must answer to the clerk of the district with 20 days of receiving the summons or a judgement will be filed against me. Okay, since I didnt receive until late October, early November, I couldn't even mail a DV to them. What can I do now? This is a law firm and it says that they are an Assignee of Citibank. Okay, let me break a few things down for you more clearly... It says...(Partially) Upon information and belief, at the time of the commencement of this action the defendant resided at the address in the caption of this action in the county of Nassau and the state of New York. *Well, I didn't live at that address obviously, so I didn't receive it in time to respond. It also says this...(Partially) Plaintiff has purchased said account for value and is now the owner thereof. *The Plaintiff is listed as "Assignee of Citibank". So I am confused as to who owns this debt. Citibank, or the law firm? My credit report says that Citibank of course is the OC, and that it was charged off, and sold. My summons has a verification page that has been noterised stating that the assistant vice president of Centurion Capitol Corp acknowledges that everything is true blah blah blah... About a month later, I received another summons, but it was just a copy of the original, stamped COPY and stamped from the district court as filed on 08/21. Thats 12 days after the dated summons of 08/09. Thats the only difference between the two. So, I'm confused as to what is going on. So, is it too late to do anything? I know that it is nearly a month now since I actually received this summons, and almost 4 months since they mailed it, but I just found this board, and had ignored until I knew there were things that I could do. I have checked my credit report, and there are no judements in the public records part yet, so what gives? I appreciate any advice or answers...you guys and gals are the greatest. Thanks
Also, what if I wasn't served the summons personally, but it was mailed to me? Don't they have to put it in my hand personally?
I would call the county clerk and see if there is default judgment against you. In my city, we can do it online and not have to talk to anyone, but there are no flags that are raised if you call and ask. You may be able to get it set aside for now if the documents were served incorrectly, but I think that part varies by state and county so you may want to look up how the service of process is handled in your neck of the woods.
