Hmmm...I'm beginning to wonder... 1- Is a summons mailed to you? 2- Would the district court also mail me a copy? I'm wondering because, if you have read in my previous post, I received a summons in the mail after moving, almost 3 months from the date to appear in court. Well, since I couldnt appear in court, and since finding this site, I thought, oh well, I'm screwed...but... 3- No judgement has appeared on my cr. How long does that take? I have received two COPIES in the mail of this summons. The first LOOKS like an original, but it's a copy, i can tell by the signatures I think. Also, there is a rubber stamped date in the top right corner under the "index no." with august 21st. Okay, now... About two weeks later, I received a second copy "supposedly" of the same document, but they differ. The second copy doesn't have the rubber stamped date in the corner, it has COPY stamped in it's place, and above the "index no." is a rubber stamp that says AETNA!!! WTF? Isn't that an insurance company? This second copy did not include the third page showing the notarised pledge from the VP Centurion Capitol. One other thing, I went online and searched public records, and it says there is nothing with my name on it. There were three cases with Centurion Capitol involving them in dismiss without prejudice cases against three other people, and that said florida court or something... I'm calling the clerk of court tomorrow to see what is going on... So, what do ya think?
Wait, does the court mail the summons, or the lawyer? Both I received are from the lawyer, nothing from the court...yet.
Im very sorry that I keep replying to my own posts, but I keep remembering things I left out.... Such as, on the second copy of the summons I received, with the AETNA stamp and missing aug 21 date stamp replaced with COPY stamp, it also had a small stamp mid way down of the paper. The stamp read... the date, and first district civil...something else, but cant see it because its a poor copy. I appreciate any comments and hope I am not irritating anyone with my numerous posts
Also ICE, on the summons, it says 1st District , but the one at that address is the 10th District...hmmm... and I can't figure out a way to search for the summons at the online court site...uuurgh...earlier I thought I searched and found nothing, but then I realised I had gone to a Nassau County FLORIDA site...lmao...im an idiot Thanks for your help tonight ICE!!!
It looks like to me that you may have to go down there if they cannot help you by phone as far as seeing if there is a judgment. I'm still looking for the service of process info. Hope this can get you headed in the right direction. Welcome! http://www.nassaucountyny.gov/agencies/Clerk/Docs/PDF/KVM-identitytheft.pdf
It's how they do the summons and I can't find it. I'm sure one of the other posters will be able to help you. Good luck!
A summons is issued by the Court, specifically, the clerk. It is not mailed to you by opposing counsel. The summons will be accompanied by the Complaint as well. Typically, service is effected by personal service, leaving at the place of last abode either by giving to someone there with sufficient capacity or posting it at the entry, by publication.
So, is this not a threat, and maybe a violation of some type? The fact that they sent me a copy of a summons they maybe intended to file, but hadn't filed yet? And just for the record, as of 12/09, I have disputed it on my CR.
Well the service of process is the delivery of copies of the legal docs...so I am guessing something has already been filed. However, you may have a leg to stand on for a bit if you can find the statute or whatever for NY stating how it is to be legally done.
ARTICLE 7 MANDATES Section 701. Direction and execution of mandates. S 701. Direction and execution of mandates. (a) In an action or proceeding brought in the court, all civil processes and mandates, except as otherwise provided in this act, may be served or executed only within the county. They shall be executed by the court`s enforcement officer. Where this act empowers the court`s process or mandate to be served or executed without the county, it may be served or executed by such officer as could serve or execute the process or mandate of the supreme court of the county in a like instance. (b) The provisions of law applicable in supreme court practice, relating to the execution of mandates by a sheriff and the power and control of the court over the sheriff executing the same, shall apply to this court`s enforcement officers. (c) In any instance where a return by the enforcement officer is required by law to be made to the court or the clerk thereof, such provision shall be deemed to refer to this court in that district out of which the process or mandate issued, or the clerk of this court in such district, as the case may be; except that where this court has issued its transcript the sheriff shall return executions to the county clerk with whom such transcript is filed. (d) Nothing herein contained shall be construed to prevent the service of a summons, petition, notice of petition, subpoena or other paper by any person who might serve the same in a like instance in the supreme court. Does this mean an officer has to put it in my hand, or at least someone has to bring it to my house, not use the mail? And again, both summons were mailed from the CA, not the court. Doesn't the court have to notify me? Not the CA? Thanks alot for all of your help SIREN
HELP!!! HELP!!! HELP!!! I have 2 hours to respond! Okay Ice...I calle the county clerk today, and she said this... Well, I'm sorry, I don't know what to tell you. You missed the 30 day deadline. ME: Is there a judement against me? HER: I don't know. You need to call the lawyers suing you. ME: Why would I call the people suing me? Why would they want to help me, theyre not going to tell me anything. HER: Well, I don't know. We are a couple of months behind. So write the court with your answer, and maybe they will accept it and maybe they won't I dont know. ME: But I didnt' receive the summons in the mail until MONTHS after they filed it! That's not fair! HER: Well, put that in your answer. ME: Are you sure there is no judgement against me? HER: No, there is no judgement against you. ME: There is no judgement? HER: No, not as of right now. Listen, send a copy to the court, and a copy to the lawyers. Thats all I can tell you. I hung up and called back hoping to get someone different. I didn't, she is the only one working. HER: I told you before, there is nothing that can be done. Send a letter with your answer, and maybe they will accept it. You have waited to long... UGH!!!! I left work because I am so upset. I'm going down to the courts right now. But I am not sure what I should put in my answer!!! CAN SOMEONE HELP ME PLEASE!!!!
Okay, I went down to see the clerk today after that horrible phone call. I talked to a guy who looked it up on the computer and he said there were no judgements against me. I believe it is true that they are backed up a few months in cases. I didnt know really what to say in my answer to the summons, but I gave the answer as follows... Date: December 12th, 2006 To the court of XXXX County , NY 1st Judicial District Court Index No. XXXX Plaintiff- XXXXXXXXXXXXXXXXX Assignee of XXXX Defendant- XXXXXX Re: Defendant XXXX XXXXX serving an answer to filed summons. Defendant requests that the XXXXXX County court allow defendant to admit this answer into evidence outside of the twenty day rule because of unlawful practices by plaintiffs. The allegations of paragraph #2- These allegations are denied in full. Summons was mailed to previous address knowingly and with willful intent to obstruct defendant’s active participation in answer to summons and prevent personal appearance in court within the allotted twenty day time frame. At time of commencement of this action, all three major credit bureaus contained current and active address. Plaintiffs mailed summons to previous address in an attempt to get unfair and unlawful judgment. Plaintiff’s summons was filed August 21st, and defendant’s mail was forwarded to current address, receiving it November 1st, well past the twenty day response rule. Defendant has proof of this action. This is a violation of the law or rules of court and the FDCPA. The allegations of paragraph #3-7- These allegations are neither claimed nor denied for lack of sufficient information to justify a reasonable belief therein. Defendant calls for strict proof by validation of contested allegations. In requesting proof by validation, that is, competent evidence that defendant has some contractual obligation to pay the plaintiffs, including, but not limited to, written documentation that contains defendant’s signature outlining terms and an itemized account of the alleged debt. MY NAME I hope this doesn't make me sound like a complete bafoon to the court or CA. And yes ICE, the CA is a law firm. One of the worst, WOLP & Ab. The clerk told me that since a judgement wasn't reached, it will be read or considered. As to if they will accept it, is another thing. He also told me to mail a copy to the law firm. That way we could reach a settlement. Should I do that? It is a small amount, close to $600. Could I trust them to do a PFD? I was thinking that I should, along with a letter requesting validation. Maybe they will just drop it? Hope someone can answer me.
sorry, that last sentence should be... I was think I would send them my summons answer, along with a validation letter. Maybe they will leave things alone.
So....they are telling you that there is no judgment at all? Or no judgment YET....because they are backlogged? Are you in the position to settle? Is this debt listed on your CRs?
I believe he meant there is no judgement YET, because they are backlogged. Yes it is on my CR, but the CA is not listed as the creditor, the original CA is listed. I could settle, the debt is $585. But if I settle, will I have to pay attorney fees?
