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I was served with a summons and complaint. I am working with a debt firm. Should they answer the complaint?

Jamaica, NY |

I have been working with the debt relief firm and 2 of the creditors served me with a complaint. They are telling me I need to answer the complaint. Shouldn't they be responsible for that? I kept telling them they needed to get in touch with these 2 creditors so I could have avoided this problem.

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Attorney answers 3


Only you or a lawyer can serve an answer.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.


Whether they should provide an attorney for you or not depends upon your agreement with them. The plain fact is that if the complaints go unanswered, you will end up with default judgments against you. Don't waste time arguing with them now when they've clearly told you they're not going to do it. Many "debt relief" companies are little more than scams. Consult with a licensed attorney. You have a muxh better chance of getting out of your financial mess if you have legitimate representation.

I am not your attorney and any posts/messages or responses to posts/messages can not establish an attorney-client relationship. You should not rely upon free legal advice and I disclaim any liability for the results if you do.


The problem with using debt relief firms is that they are all too willing to negotiate a debt settlement with the creditors for you, but they cannot represent you in a court matter unless they are a law firm or lawyers. Unfortunately, creditors are not obligated to suspend legal proceedings because a debtor (you) is working with a non-lawyer organization. You should retain an attorney and file an Answer as soon as possible to avoid any potential default in-court while you work on a solution out-of-Court.

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