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Ely
Ely, Counselor at Law
Category: Consumer Protection Law
Satisfied Customers: 102349
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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MY NAME IS ***** ***** I LIVE IN NY AND I HAVE BEEN SERVED

Customer Question

HI--MY NAME IS ***** ***** I LIVE IN NY AND I HAVE BEEN SERVED FOR A SUMMONS VIA REGULAR MAIL IT IS A BUSINESS AND THEY ARE SUING ME FOR A DEBT I INCURRED DO I HAVE TO FILE AN ANSWER ?
JA: Thanks. Can you give me any more details about your issue?
Customer: I OWE A DEBT AND SOMEONE HAS HIRED AN ATTORNEY TO SUE ME I RECIEVED THE COMPLAINT VIA REGULAR MAIL NO PROCESS SERVER HAS SERVED ME
JA: OK got it. Last thing — Consumer Protection Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. To avoid a default judgment - yes - someone in your situation has to file an answer. An answer sets the matter for a trial track months down the line. Doing so not only disallows default judgment, but also allows the Plaintiff and Defendant to negotiate and possibly reach a settlement.

There are many defenses for a breach of contract/debt case. The answer sample I am attaching with this reply provides a list of them. If unsure, many people simply use a "general denial" answer.

A copy of the answer is sent to the court, and a copy to the opposing party.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 1 year ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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