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Replying to a summons and complaint.

Portchester, NY |

When I answer the summons and complaint, a Consumer Credit Transaction to be specific, can I send the answer to the attorney myself? Or must I have someone else mail it? I assume I need to file with the County Clerk an affidavit of service or similar?

As an aside, I was never advised of my rights under the FDCPA, which I understand is not waived by the filing of a summons and complaint. Also it appears as if they are claiming personal service on me, but another family member was handed the legal papers. I have drawn an affidavit for that person who will get it notarized stating that they were the person who was handed the legal papers.

Attorney Answers 2


  1. Service on a person of suitable age and discretion where you reside or work is a form of personal service but it requires the plaintiff to mail you a copy within 20 days of the service. As a party you cannot serve papers.

    The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


  2. I am surprised you are even asking this question. You have been sued. Get. A. Lawyer.

    THIS SITE IS ATTORNEY ADVERTISING AND PRIOR RESULTS DO NOT GUARANTEE A SIMILIAR OUTCOME. My Avvo site contains general information only, is not legal advice and does not create an attorney-client relationship.