This form is a Verfied Complaint for Replevin. The plaintiff has filed this action against defendant in order to replevy certain property in the defendant's possession.
This form is a Verfied Complaint for Replevin. The plaintiff has filed this action against defendant in order to replevy certain property in the defendant's possession.
A summons with notice is a short form that simply establishes that a suit is started and the gist of what happened. A complaint, is a particularized statement of the alleged facts to give rise to a right for relief.
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.
A summons with notice or summons and complaint must be served within 120 days of filing with the County Clerk.
Failure to Respond: If a defendant fails to answer the complaint or file a motion to dismiss within the time limit set forth in the summons, the defendant is in default. The plaintiff can ask the court clerk to make a note of that fact in the file, a procedure called entry of default.
In New York, process servers can only properly serve documents on an intended recipient through their door attendant in a few circumstances. As service of process marks the important procedural beginning to most litigations, it is taken seriously and scrutinized quite carefully.
If you have not been properly served, and you don't show up, the court has no personal jurisdiction over you, and can't enter a judgment against you. The case can be continued to another court date, and the other side can try again to serve you.
If the party is a corporation, then the verification must be made by an officer. CPLR § 3020(d)(1); Smart Code. If the party is a foreign corporation, then the verification may be made by an authorized agent or attorney with personal knowledge of the material allegations of the pleading.
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. If the defendant fails to respond he or she is in default and plaintiff may be able to obtain a default judgment against the defendant.
You would respond to the court with a general denial of all of the allegations regarding you owing the debt and the actual amount of the debt. What you do is copy the heading on the top of the complaint and then under that you title your document Answer.