Melissa Lyken | December 01, 2022
Summary: Did you receive a summons and complaint for a lawsuit in Kings County Supreme Court? Find out how to respond and win in court.
Once a debtor is served with a summons and complaint, they must file an answer within the stipulated time frame. This period varies by state and the method used to serve the debtor. In New York, a debtor has 20 days to answer if they were served in person and 30 days if they were served in any other way.
The answer confirms whether you admit or deny the allegations and outlines any affirmative defenses you may have. Usually, debtors and other defendants charged with non-criminal matters file responses at Kings County Supreme Court, a courthouse established to help litigants who do not have an attorney and want to file an answer. An answer is only verified once the debtor files it in court and serves it to all parties. See below for more information on how to file a civil answer in Kings County Supreme Court.
Use SoloSuit to respond to debt collection lawsuits in 15 minutes.
This is the heading/title of the case and is usually at the top of the page. You must fill out the caption with your name and the plaintiff's just as they are written on the summons and complaint. Avoid changing anything on this section, even if your name is misspelled.
The form's right side features a case number assigned by the court's clerk and the pleading title. If the form doesn't have a case number, call the court to receive it. If you have one, consult your lawyer or the court to have the form assigned a number.
This is the section of the answer where you respond to the allegations set in the numbered paragraphs in the complaint. Your response should be in one of three forms: admit, deny, or deny for lack of knowledge.
It is the plaintiff's burden to prove anything that they are alleging in the complaint unless the defendant admits to the allegation. If you do not seek to fight your lawsuit, admitting to the statements in the lawsuit will usually result in judgment. If you are not aware of some facts of the case, state that you lack knowledge. For example, if the debt collection agency claims it's licensed and you don't know this to be accurate, you can state that you deny for lack of knowledge.
Respond to debt collectors fast with SoloSuit.
This section allows you to list any legal or technical defenses in favor of the debtor. New York State law allows defendants to use more than one affirmative defense. You must ensure that you state the defenses in your answer to avoid losing this right. Some examples include:
Your name, email, and address are usually included at the top of the Answer, while your signature is on the last page of the form. Write the date, your name, and legal signature and ensure your name is legible. If the creditor sued you and your spouse, you must sign both names.
A debtor can use either of the following three methods to file an answer. Your choice usually depends on how you were served. For example, if you receive an e-filing notice, you must file the answer online via the New York State Court's e-filing system (NYSCEF). See below for a detailed overview of each of the three methods.
Since the New York State Electronic Filing System is available for all state housing cases, so you're not restricted to filing an answer in a particular courthouse. However, you must confirm whether the case is available on the website by visiting http://www.nycourts.gov/efile.
Once you enter the NYSCEF website, you can create an account for the system if you're a new user or a returning user who is e-filing a new case. If you already have an account/case, log into the website and go through the checklist to verify whether your case is ready for e-filing on the NYSCEF system.
It's important to note that the NYSCEF system doesn't create the court papers for defendants, so you will need to upload the finished document. If you haven't uploaded them and need the forms or further information, visit http://nycourts.gov/courthelp/ for help.
Next, print the documents, make two copies, sign, and include the date on each form. You will want to ensure that your chosen delivery method will ensure the plaintiff receives your answer before the expiry of the deadline, which is 20 days from the summons and complaint date.
File your Answer with SoloSuit and win in court.
If you mail the document, you must send it at least seven days before the deadline. It will help if you ask the post office for tracking and delivery confirmation. Print the documents, make two copies, sign, and include the date on each form. You will want to ensure that your chosen delivery method will ensure the plaintiff receives your answer before the expiry of the deadline, which is 20 days from the summons and complaint date.
You can also present a written answer at Kings County Supreme Court in-person. If undertaking this option, you should avoid waiting until the last minute to file the answer. Keep in mind that the court doesn't permit people to enter the courthouse right away due to health and safety requirements.
Once you file the answer, the court will provide a date for a virtual conference with the judge. If you can't attend, you can call the court to reschedule the meeting.
With this insight, you should be able to confidently file your answer in Kings County New York's Supreme Court.
SoloSuit makes it easy to respond to a debt collection lawsuit.
How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.
"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James
>>Read the NPR story on SoloSuit: A Student Solution To Give Utah Debtors A Fighting Chance
Here's a list of guides for other states.
|
Being sued by a different debt collector? We're making guides on how to beat each one.
Is your credit card company suing you? Learn how you can beat each one.
Going to Court for Credit Card Debt — Key Tips
How to Negotiate Credit Card Debts
How to Settle a Credit Card Debt Lawsuit — Ultimate Guide
Need more info on statutes of limitations? Read our 50-state guide.
Why do debt collectors block their phone numbers?
How long do debt collectors take to respond to debt validation letters?
What are the biggest debt collector companies in the US?
Is Zombie Debt Still a Problem in 2019?
If a car is repossessed, do I still owe the debt?
Is Portfolio Recovery Associates Legit?
Is There a Judgment Against Me Without my Knowledge?
Should I File Bankruptcy Before or After a Judgment?
What is a default judgment?— What do I do?
Summoned to Court for Medical Bills — What Do I Do?
What Happens If Someone Sues You and You Have No Money?
What Happens If You Never Answer Debt Collectors?
What Happens When a Debt Is Sold to a Collection Agency
What is a Stipulated Judgment?
What is the Deadline for a Defendant's Answer to Avoid a Default Judgment?
Can a Judgement Creditor Take my Car?
Can I Settle a Debt After Being Served?
Can You Appeal a Default Judgement?
Do I Need a Debt Collection Defense Attorney?
Do I Need a Payday Loans Lawyer?
Do student loans go away after 7 years? — Student Loan Debt Guide
Am I Responsible for My Spouse's Medical Debt?
Should I Marry Someone With Debt?
Can a Debt Collector Leave a Voicemail?
How Does Debt Assignment Work?
What Happens If a Defendant Does Not Pay a Judgment?
How Does Debt Assignment Work?
Can You Serve Someone with a Collections Lawsuit at Their Work?
How Many Times Can a Judgment be Renewed in Oklahoma?
Does Debt Consolidation Have Risks?
What Happens If You Avoid Getting Served Court Papers?
Does Student Debt Die With You?
Can Debt Collectors Call You at Work in Texas?
How Much Do You Have to Be in Debt to File for Chapter 7?
What Is the Statute of Limitations on Debt in Washington?
How Long Does a Judgment Last?
Can Private Disability Payments Be Garnished?
Can Debt Collectors Call From Local Numbers?
Does the Fair Credit Reporting Act Work in Florida?
The Truth: Should You Never Pay a Debt Collection Agency?
Should You Communicate with a Debt Collector in Writing or by Telephone?
Need help managing your finances? Check out these resources.
How to Make a Debt Validation Letter - The Ultimate Guide
How to Make a Motion to Compel Arbitration Without an Attorney
How to Stop Wage Garnishment — Everything You Need to Know
How to File an FDCPA Complaint Against Your Debt Collector (Ultimate Guide)
Defending Yourself in Court Against a Debt Collector
Tips on you can to file an FDCPA lawsuit against a debt collection agency
Advice on how to answer a summons for debt collection.
Effective strategies for how to get back on track after a debt lawsuit
New Hampshire Statute of Limitations on Debt
Sample Cease and Desist Letter Against Debt Collectors
The Ultimate Guide to Responding to a Debt Collection Lawsuit in Utah
West Virginia Statute of Limitations on Debt
What debt collectors cannot do — FDCPA explained
Defending Yourself in Court Against Debt Collector
Arkansas Statute of Limitations on Debt
You're Drowning in Debt — Here's How to Swim
Help! I'm Being Sued by My Debt Collector
How to Make a Motion to Vacate Judgment
How to Answer Summons for Debt Collection in Vermont
North Dakota Statute of Limitations on Debt
ClearPoint Debt Management Review
Indiana Statute of Limitations on Debt
Oregon Eviction Laws - What They Say
CuraDebt Debt Settlement Review
How to Write a Re-Aging Debt Letter
How to Appear in Court by Phone
How to Use the Doctrine of Unclean Hands
Debt Consolidation in Eugene, Oregon
Summoned to Court for Medical Bills? What to Do Next
How to Make a Debt Settlement Agreement
Received a 3-Day Eviction Notice? Here's What to Do
How to Answer a Lawsuit for Debt Collection
Tips for Leaving the Country With Unpaid Credit Card Debt
Kansas Statute of Limitations on Debt Collection
How to File in Small Claims Court in Iowa