New York Oral Answer Action for Money Only

State:
New York
Control #:
NY-CIV-GP-58C
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PDF
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Description

Oral Answer Action for Money Only
New York Oral Answer Action for Money Only is a type of legal action in the state of New York that allows a creditor or plaintiff to recover money from a defendant. This action typically applies when a defendant has failed to respond to a summons and complaint, or has otherwise defaulted. It is also referred to as a default judgment. There are two main types of New York Oral Answer Action for Money Only: an uncontested action and a contested action. An uncontested action is when a defendant does not participate in the case, and a default judgment is granted in favor of the plaintiff. A contested action is when a defendant appears at the hearing and the court hears arguments from both sides before deciding whether to grant the plaintiff’s request for a judgment. In both cases, a judgment may be entered in favor of the plaintiff, but only if the plaintiff is able to prove that it is owed the money. In New York, the court may also enter a money judgment against a defendant if the defendant is found to have acted in bad faith or fraudulently. This is referred to as an equitable money judgment.

New York Oral Answer Action for Money Only is a type of legal action in the state of New York that allows a creditor or plaintiff to recover money from a defendant. This action typically applies when a defendant has failed to respond to a summons and complaint, or has otherwise defaulted. It is also referred to as a default judgment. There are two main types of New York Oral Answer Action for Money Only: an uncontested action and a contested action. An uncontested action is when a defendant does not participate in the case, and a default judgment is granted in favor of the plaintiff. A contested action is when a defendant appears at the hearing and the court hears arguments from both sides before deciding whether to grant the plaintiff’s request for a judgment. In both cases, a judgment may be entered in favor of the plaintiff, but only if the plaintiff is able to prove that it is owed the money. In New York, the court may also enter a money judgment against a defendant if the defendant is found to have acted in bad faith or fraudulently. This is referred to as an equitable money judgment.

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FAQ

Small Claims Court is a special part of the court where you can sue for money without a lawyer. You cannot sue to make someone do something or for pain and suffering. Anyone 18 years of age or older can sue in Small Claims Court. If you are less than 18 years old, your parent or guardian may sue on your behalf.

Quick Facts About New York Small Claims Small Claims Limit$3,000-$10,000. Varies by court.Cost to File$0- $20. Varies by court.Cost to ServeThe court clerk serves the lawsuit, if they are unable to serve, you will have to pay a process server or sheriff to serve the lawsuit.Can a lawyer represent me?Yes.2 more rows ?

If you are an individual and want to file a lawsuit for $10,000 or less, you have the option of filing a small claims case or a limited civil case. If you are a business, you can file in small claims court for $5,000 or less.

Generally, if the complaint has been sworn to (verified), then the answer must be verified as well. See CPLR 3020. In any event, the answer must be signed by defendant's attorney or by defendant if self-represented.

Small Claims Court helps individuals or corporations resolve disputes when the amount of the claim is $10,000 or less. All defendants must have an address in New York City. Get Small Claims Court information, including locations and hours of operation.

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.

The Small Claims Court is an informal court where individuals can sue without a lawyer, for money only, up to $3,000 in Town or Village Courts, and $5,000 in City Courts. If your claim for damages is more than $3,000, or $5,000, you cannot separate it into two or more claims to avoid going over the maximum.

You must go to the clerk's office in the courthouse listed on the summons and ask to file an Answer in response to the lawsuit. You can use the interactive form at: .lawhelpny.org/consumer to fill out and print your Answer before you go to the clerk's office.

More info

Below is an explanation of possible responses to a claim for money only which the Court can consider in deciding how much money you may owe to the plaintiff. Has appeared and has orally answered the Complaint as follows: Defendant's address if different than address on summons: .ANSWER: (Check all that apply). Instant access to fillable Microsoft Word or PDF forms. Minimize the risk of using outdated forms and eliminate rejected fillings. 6 Steps for filing an answer to a lawsuit in the Special Civil Part. We can provide you with guidance on how to fill out forms. We can usually answer questions about court deadlines. The following forms can be completed online and printed for submission to the court. Below are electronic forms developed and approved for use in Missouri courts.

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New York Oral Answer Action for Money Only