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Home depot debt/recieved papers in mail





Sub: Home depot debt/recieved papers in mail
Mon, 14/01/2008 02:31

I recieved what look like court papers in the mail today from asset acceptance llc for Home Depot. This is in my husbands name, and he is disabled and out of work. I have 4 children and cannot imagine what the heck this is about. I cannot remember having a bill from HD come to the house, and now this! We have no money, Christmas around the corner, and I cannot sleep from worrying.
What can they do to us? HELP!!



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Unregistered

Sub: #1 10 days to answerMon, 01/14/2008 - 02:31



depends on the court..read the summons,It specifies the time frame within which you must answer a complaint, In New York it is typically 20 or 30 days, depeding on how you were served. However, i have seen cases where answer was required within 10 days. As I recall it was a town or justice court. Read the face of the summons very carefully to confirm the time frame for your answer. And then read it again, even more carefully. Then, mark your calendar and do not default. have someone (not you) send a copy of the answer out to the other side and have that person make out an affidavit indicating that this was done, Then take that affidaviot and the original answer to the clerk of the court and file it.


skydivr7673
skydivr7673


Posts: 2004
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Sub: #2 ok, I have a few questions, please forgive me if you already menSun, 01/06/2008 - 20:04



ok, I have a few questions, please forgive me if you already mentioned these things

1--you live in Suffolk County, NY, is this correct?

2--what county is this listed in at the top of that letter? In other words, what county and state was this sent to the court in?

OK, let's cover some details here. NY allows 120 days from the date the complaint is originally filed with the court, for you to be served. That means, if the 9/11/07 date represents when they first filed the complaint, then this is within that 120 days. Does it state what that date represents on the letter?

Next, they can legally serve you by mail. But they must include some things in that letter. It should have come with two identical forms, called "acknowledgement of receipt". You must fill one of these out and send it back within 30 days from the date you were served. That form should read like this:



Simply put, if the summons came with a complaint made by the plaintiff, then you are allowed 30 days to send the acknowledgement of service that I already mentioned. You then have 20 days from the date that the acknowledgement was sent to send off your answer. The two choices you have listed on the paperwork do not mention this. I also did not find anything within the NY law that mentions the 10 day time limit for answering the summons, as your letter mentions. I know that doesnt apply to your situation but it may give a hint as to whether or not this is real. I will, however, say that what I found in the law directly contradicts paragraph (2) as it reads on the letter you received. Please do not take that to mean it must be fake--check it out to make sure!


Unregistered

Sub: #3 Hi you guys-thanks for all your help-hope your holidays were greThu, 01/03/2008 - 17:41



Hi you guys-thanks for all your help-hope your holidays were great.
I sent the Verification letters and recieved the reciepts back-now what do I do? Wait for them to contact me?
I have no clue as to what I should be doing at this point.
Please advise!
Thanks!


Unregistered

Sub: #4 An answer is merely a response to a complaint, I will post anothTue, 12/18/2007 - 18:29



An answer is merely a response to a complaint, I will post another thread where people can post their answers for the respective states as well as the affirmative defenses.

This is a legal form, which is pretty much a formality.

How many lines are on the complaint?

Second response

The attorney that's suing you could be in Albany for all matters, it's still kosher. Most attorneys handling stuff out on the island are located in Nassau for matters, take a ride into Mineola and look at the law offices. Then take a look at riverhead and see the lack of attorneys, same goes for central islip in comparison.

The only reason a document was notarized in Michigan is because the doc was executed out there.


Unregistered

Sub: #5 Thank you! I realize I look like a complete moron, but what is aTue, 12/18/2007 - 10:55





Thank you! I realize I look like a complete moron, but what is an answer? Is there a form to fill out, or is it a letter?
Was it a good thing that I sent out the validation letter? NY really IS the pits for any kind of court issue, this debt is supposedly under 5000. but the attorney tacked on another grand for the stamp I'm guessing.
I'm hoping against hope that they have no valid record of this-I certainly don't!


unclewulf
unclewulf

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Credits: 31386.35

Sub: #6 Glad to see you back. Hockeyman was on this thread a bit ago,Tue, 12/18/2007 - 09:41



Glad to see you back.

Hockeyman was on this thread a bit ago, and may yet revisit ir. Listen to him. He is The Man when it comes to this sort of thing where you live. He's also a licensed attorney, from what I understand.

Best of luck with it, and please stay in touch. We'll be here for you when you need us.

Wulfisms: my blog

The four 'no's of dealing with collectors:
No validation? No payment. No way! No kidding!!

Tellin' you all the zomby troof
Here I'm is, the zomby woof
[Frank Zappa, 1988 - R.I.P.]


Proud2bamericangirl
Proud2bamericangirl
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Sub: #7 Actually, it was notarized in MI!! Then, somehow I got it-in sufTue, 12/18/2007 - 06:42



Actually, it was notarized in MI!! Then, somehow I got it-in suffolk county. The lawyer is in Nassau, the creditor is somewhere else, and Santa is in the North Pole.
I'm so confused by all the legal phrases. I called the court, and made the colossal mistake of telling them I was "the wife" well, apparently I can suffer the issue, but not know details. The clerk didn't even check to see if there was a record-he just told me I had no right to ask. *sigh*
I did send out the validation letters-to both Asset acceptance and the attorney. Hopefully there will be a long response time in answering so I can save some money in case this gets bad.
You guys are really helping me keep my sanity-I know the dire straits my finances are in due to my husbands condition, but that was something I can deal with-pinch pennies, etc...but this right before Christmas-with 4 kids 11 and under...dangit-this is keeping me up at night.
Thanks again, all of you who are holding my hand-I really appreciate it.


Unregistered

Sub: #8 there seems to be a rash of things of late being notarized in suMon, 12/17/2007 - 07:22



there seems to be a rash of things of late being notarized in suffolk county new york alot by a Alisa Tetro.Also in this rash are business names /attorney names being listed with a address in Nassua County New York is this address familiar?????
6851 Jericho Turnpike, #190
Syosset, NY 11791


unclewulf
unclewulf

Posts: 3111
Credits: 31386.35

Sub: #9 I know. I put your user ID in the thread several times, hopiMon, 12/17/2007 - 03:37



I know.

I put your user ID in the thread several times, hoping you'd see it on a search... It's not as though I could contact you directly.

Wulfisms: my blog

The four 'no's of dealing with collectors:
No validation? No payment. No way! No kidding!!

Tellin' you all the zomby troof
Here I'm is, the zomby woof
[Frank Zappa, 1988 - R.I.P.]


Unregistered

Sub: #10 New York practice is a different breed of animal, Long Island prMon, 12/17/2007 - 02:46



New York practice is a different breed of animal, Long Island practice is even worse.


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