How do I file a collection defense law claim?
Filing a collection defense law claim in New York is an important step to take if you have been sued by a debt collector. In order to file a claim, you must first fill out a form called a “complaint,” which outlines the facts of your case and lays out the legal basis for your claim. You can obtain this form from the courthouse in your county and must have it notarized before submitting it. Next, you will need to prepare an answer to the complaint. This is your opportunity to explain why the debt collector is incorrect in filing the lawsuit against you. You must submit your answer within 20 days of receiving the complaint or the court will assume that you agree with all of the debt collector’s claims. Once both the complaint and the answer have been filed, a hearing will be scheduled. At the hearing, both parties will be able to present their arguments and evidence to the judge. The court will then make a decision based on the merits of the case and the law. Finally, if the court finds in your favor, it will enter a judgment in your favor. This judgment will state that the debt collector’s lawsuit was wrongfully filed and you will no longer be required to pay the money in question. If the court finds in the debt collector’s favor, however, you will be responsible for paying back the debt plus court costs and legal fees.
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