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.
To file a motion for contempt in New York, certain criteria must be met. There must be an existing order of the court that is clear and unambiguous, and the accused must be proven to have known about this order and willfully disobeyed it.
After a summons with notice is served, the defendant will demand that the plaintiff serve a complaint. The plaintiff must then have the complaint served within 20 days after being served with the demand, or the case may be dismissed.
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.
A summons with notice or summons and complaint must be served within 120 days of filing with the County Clerk.
A summons with notice is a type of summons. The summons with notice is not served with the complaint. It contains all of the information described above for the summons, plus a brief description of the type of case and the relief the plaintiff is asking the court to grant.
Type the Name and Address of the Judge or Court Staff On the next line below the name, include the name of the court in which the judge presides, such as "San Francisco Superior Court" or "United States Court of Appeals, Ninth Circuit." Directly under the name, include the judge's address, city, state and ZIP code.
A summons is a pre-printed legal form that tells a defendant that he or she is being sued. The defendant must file an appearance and responsive pleading or answer within 30 days of being served with the summons.
Introduce yourself in the opening paragraph. Outline your relationship with the person who is the subject of the legal proceedings. Acknowledge the charges that have been brought against the person. State your opinion of the person's general character.
You should respond to the counterclaim as though it were a Statement of Claim and you were drafting a Defence: respond to every paragraph – you can do this paragraph by paragraph if necessary; deny any allegations of fact that you do not admit – you will be deemed to admit facts that you forget to plead to; and.