Corporate Refusal Form Template In Bronx
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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.
Except as provided in subdivisions (2), (3) and (4), punishment for a contempt, specified in section seven hundred fifty, may be by fine, not exceeding one thousand dollars, or by imprisonment, not exceeding thirty days, in the jail of the county where the court is sitting, or both, in the discretion of the court.
You don't need an attorney to file a Motion for Contempt, but it is a good idea to have one. If you decide to represent yourself, you can go to the courthouse that made the order and ask for help at the Court Service Center.
Possible strategies include: Claiming Unawareness: Arguing that you were unaware that your behavior was considered contemptuous could lead to a dismissal of charges. Necessity or Self-Defense: Demonstrating that your actions were out of necessity or self-defense may lead to an acquittal.
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.
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.
A summons with notice or summons and complaint must be served within 120 days of filing with the County Clerk.
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.
