By: Robert J. Nahoum
The Problem:
You’ve been served was a summons and complaint or discovered that you have a default judgment entered against you. You’ve been sued by a debt collector on an old debt.  You filed your answer to the lawsuit or filed an order to show cause to vacate the default judgment and the court has scheduled a court date. Will you have to miss work to go to court?
The Rules:
Whether or not you will have to appear in court in a debt collection case firstly depends on the court your case is in and secondly on the purpose of the court appearance. The debt collection courts in New York City require appearances for all court dates. So, if your case is in the New York City Civil Court or in the one of the 5 Supreme Court branches (one in each borough), appearing in court is mandatory.
If your case is outside of New York City you may not have to appear. Many courts outside of the City hear motions “on submission†meaning that you don’t have to appear and the court will decide the motion based on the papers submitted. To be sure, you should call the court to confirm whether the court date is on submission or whether an appearance is required.
If you must appear but fail to do so, you will likely lose your case on default. This default will lead to a default judgment exposing you to a wage garnishment or frozen bank account.
How long you your court appearance will take also varies depending on the court your case is in.  Some debt collection courts are busier than others. In some of the New York City Civil courts (like Brooklyn and the Bronx), there can be more than 100 cases on the same calendar. Your case could be the first on the calendar and just as likely the last.
What You Should Do:
Hiring a lawyer to defend you in a debt collection lawsuit will inevitably better protect you than if you proceed self represented (called “pro seâ€). If you hire a lawyer, the lawyer makes all the court appearances for you saving you the money lost missing work.
If you need help settling or defending a debt collection lawsuit, stopping harassing debt collectors or suing a debt collector, contact us today to see what we can do for you.
The Law Offices of Robert J. Nahoum, P.C
(845) 232-0202
www.nahoumlaw.com