These documents typically warn the recipient that if s/he fails to report to court or otherwise answer the papers, the relief requested by the party bringing suit may be granted on "default" -- without a judge ever hearing that recipient's side of the story.
So, if someone is suing you to recover a debt, a money judgment for that sum could issue. If you are the subject of an eviction or foreclosure dispute, it is also very likely you could lose your place of residence or home.
Apparently, some of our state's top court officials were of the opinion that the wording previously used in one of our legal forms wasn't frightening enough.
The New York State Legislature (at the urging of the New York State Office of Court Administration ) has passed a law which now requires that a special warning appear on all summonses used in certain kinds of foreclosure disputes.
As of August 1, 2007, lenders seeking to start foreclosure cases against owners of one- to three-family homes must now ensure that their papers contain the following language:
NOTICE
YOU ARE IN DANGER OF LOSING YOUR HOME
IF YOU DO NOT RESPOND TO THIS SUMMONS AND COMPLAINT BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE MORTGAGE COMPANY WHO FILED THIS FORECLOSURE PROCEEDING AGAINST YOU AND FILING THE ANSWER WITH THE COURT, A DEFAULT JUDGMENT MAY BE ENTERED AND YOU CAN LOSE YOUR HOME.
SPEAK TO AN ATTORNEY OR GO TO THE COURT WHERE YOUR CASE IS PENDING FOR FURTHER INFORMATION ON HOW TO ANSWER THE SUMMONS AND PROTECT YOUR PROPERTY.
SENDING A PAYMENT TO YOUR MORTGAGE COMPANY WILL NOT STOP THIS FORECLOSURE ACTION.
YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT.
Many advocates find that wording needlessly redundant of the language that already appears in a summons form and are of the opinion that the content is a confusing, if not an inaccurate, recitation of a creditor's rights.
By way of example: What of the right of redemption ? Doesn't a homeowner have a right to remit the amount sued for and thus avoid a forfeiture of the property? Why discourage the payment of the monies sought?
The statute is also silent as to the ramifications of a pleading's omission of this notice. What happens to a case when the "notice" is missing? Is the error amendable or will it require the litigation's dismissal?
Sometimes, folks, less can be more.
For a copy of new law, please use this link: S4210