Replying to a summons and complaint.

Asked 6 months ago - 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. Eric Edward Rothstein

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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... more
  2. Janet Lee Steinman

    Contributor Level 9

    Answered . 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... more

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