The parties may agree to a different performance. This is called an accord. When the accord is performed, this is called an accord and satisfaction. The original obligation is discharged. In order for there to be an accord and satisfaction, there must be a bona fide dispute; an agreement to settle the dispute; and the performance of the agreement. An example would be settlement of a lawsuit for breach of contract. The parties might settle for less than the amount called for under the contract.
Dispute Claim Form Without Attorney In New York
State:
Multi-State
Control #:
US-00435BG
Format:
Word;
Rich Text
Instant download
Description
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FAQ
A summons with notice or summons and complaint must be served within 120 days of filing with the County Clerk.
Online Hearing (One-Click Hearing): You can fight your summons by sending OATH Hearings Division a defense using a simple online form. You must make sure your case is eligible and the form must be submitted on or before the scheduled hearing date.
A proper and timely Notice of Claim must be served upon the government and at least 30 days must elapse before a lawsuit can be instituted. This allows the government agency, if it chooses, to begin a quick investigation of the facts concerning the claim.
In a Nutshell It's important to respond to (or answer) the lawsuit. You do this by filing official paperwork with the court. Be sure to address every point in the complaint, raise any defenses you have, and file the paperwork within the time frame provided.
Once a summons and complaint or summons with notice have been served, a defendant must respond in writing within a limited period of time. The response is sent to the plaintiff's attorney or directly to the plaintiff, if the plaintiff is appearing is self represented.
You do not need a lawyer to sue in Small Claims Court. But you may hire one, if you want. The other side may also hire a lawyer. The Court will not give you a lawyer.
Defendant Does Not Appear If the clerk calls your case on the calendar and the defendant does not answer and appear, the court will direct an inquest. This means the judge or arbitrator will hear your case even though the defendant is not present.
Generally speaking, the shortest statute of limitations in New York State is one year. A transaction or incident that occurred more than one year ago might raise a statute of limitations problem. If you have any doubts, you should speak with an attorney to get legal advice or file your claim as quickly as possible.
CPLR 203(g). A reply to a counterclaim must be served within twenty (20) days of service of the pleading containing the counterclaim. CPLR 3011. Any counterclaim may be asserted in a responsive pleading or a separate action.
