Whether you're borrowing money or providing a loan to someone else, a Promissory Note is usually the best way to establish a record of the transaction and make sure that repayment terms, for example, are clear and fair.
However, an “IOU†is generally regarded as only an acknowledgment of a debt, not a promise to pay the debt. However, this form is a written promise to pay a debt.
Insufficient service of process occurs when the paperwork is complete, but is not properly delivered to the defendant in a manner consistent with Article 3 of the CPLR.
You can either answer the summons in writing or in person. If you answer in person, you must go to the courthouse clerk's office and tell the clerk about your defenses to the plaintiff's claims. The clerk will check off the boxes in a Consumer Credit Transaction Answer In Person form.
To begin an action in Small Claims Court, a person, or someone acting on his or her behalf, must come to the Small Claims Court Clerk's office in the proper county and fill out a statement of claim. To find out where the clerk's office is located in your county, click on Locations.
A service is improper when the serving party fails to adhere to the rules and requirements governing the service of process in their jurisdiction. Improper service can lead to the dismissal of your case, as the court can only exercise jurisdiction over the defendant on the grounds of proper legal service.
The response is sent to the plaintiff's attorney or directly to the plaintiff, if the plaintiff is appearing is self represented. The written response must be made within 20 days of personal service, or within 30 days of the time when service by any other means is complete.
Insufficient service of process under Rule 12(b)(5) occurs when the paperwork is complete, but isn't properly delivered to the defendant. For example, if the plaintiff leaves the summons with the defendant's six-year-old child, that would invalidate the service.
Provide relevant photos or videos that either support your claim of improper service or contradict the counterclaim of the serving party. For example, if the plaintiff claims you were present during the service on a specific date, provide a photo that proves you were in another location on the said date and time.
Personal Service of Process in NY The most common way of effecting service upon a “natural person” is by hand delivery. Section 308 of the consolidated statutes (CPLR 308) states that personal service upon a person can be made “by delivering the summons within the state to the person to be served.” It's that simple.
Attorneys seeking information about filing by electronic means (“E-File”) are advised to consult the User's Manual and FAQ's located at the New York State Courts Electronic Filing System (“NYSCEF”) located at .nycourts/efile, or directly contacting the NYSCEF Resource Center by phone at 646-386-3033 or by e-mail ...
Attorneys seeking information about filing by electronic means (“E-File”) are advised to consult the User's Manual and FAQ's located at the New York State Courts Electronic Filing System (“NYSCEF”) located at .nycourts/efile, or directly contacting the NYSCEF Resource Center by phone at 646-386-3033 or by e-mail ...
