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.
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.
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.
You may be able to respond to your summons by submitting your defense online or by mail. Please visit the Hearing Online page and the Hearing by Mail pages to learn if your summons is eligible. If so, OATH must receive your written defense submission prior to the scheduled hearing date.
Write in the name and address of the person who filed the Complaint against you, or the name and address of their attorney. You can find this on the Summons that you received. At the end, add your address and phone number and sign the answer.
Libel: Libel is a defamation that is written, such as in a newspaper, magazine or on the internet. Slander: Slander is a defamation that is orally published, such as in a speech, over the airwaves, or in casual conversation.
Information To Include in Your Letter Give the basics. Tell your story. Explain how you want to resolve the problem. Describe your next steps. Send your complaint letter. Your Mailing Address Your City, State, Zip Code Your email address
In New York, defamation is a civil matter. A person who suffers financial or emotional damages following another person's false statement may choose to sue the offender, which would bring about a case in the appropriate New York court.
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. CPLR 3012(b).
It is critically important to recognize that Falsely Reporting an Incident can either be charged as a misdemeanor or a felony. As such, it is punishable by up to one year in jail and as much as up to seven years in state prison.