This form is a sample letter in Word format covering the subject matter of the title of the form.
This form is a sample letter in Word format covering the subject matter of the title of the form.
There is a process for making a motion without giving notice. This type of motion is called an “Order to Show Cause.” This alternative motion does not have to wait eight days and can be heard at any time the court directs. In real emergencies, the court may even hear a motion in a matter of hours.
If you disagree with what is being asked for in the motion or order to show cause, you must prepare an affidavit in opposition (see Exhibit A). If you agree with what is being asked for, you must prepare an affidavit in support (see Exhibit B). You may attach any documents that support your position as “exhibits”.
(a) An action is commenced by filing a summons and complaint or summons with notice in ance with rule twenty-one hundred two of this chapter. A special proceeding is commenced by filing a petition in ance with rule twenty-one hundred two of this chapter.
Statute of Limitations CaseTime SinceThe Law New York City & New York State 90 days to give notice; 1 year and 90 days CPLR 217-A Other felonies 5 years Crim. Proc. 30.10(2)(b) Other negligence resulting in personal injury 3 years from date of accident CPLR 214(5) Petty offense 1 year Crim. Proc. 30.10(2)(d)32 more rows •
An Answer must be in writing and the entire caption, including the index number and an original signature is required. The Answer can be mailed to the County Clerk's office. If it is an E-Filed case, the Answer needs to be uploaded to the New York State Court Electronic Filing website.
Procedure for Obtaining, in Court, a Writ of Replevin The filing of a complaint begins a replevin action. As in other civil actions, the defendant is brought into Court by the service of the summons and the complaint. If the plaintiff establishes the cause of action, the Court must enter an Order granting possession.
Civil Court: The New York City Civil Court hears civil cases involving amounts up to $25,000, as well as other civil matters that are referred to it by the Supreme Court. The Civil Court also hears small claims cases involving amounts up to $5,000 and housing-related civil cases.
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.
Personal Property Execution If a Judgment Creditor knows that the Judgment Debtor owns a car, truck, motorcycle or other personal property of significant value, the Judgment Creditor may file a Property Execution.
Yes, it's possible for a creditor to 'take' a debtor's house to obtain the payment of debt. “Taking” in this context means claiming legal rights to the house, not necessarily seizing it. To take a debtor's real property, the creditor first has to sue the debtor and win in court.