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.
Start by sending a written letter to the debt collection agency contesting the debt—and make sure you do it within 30 days of being contacted by a debt collector. In your letter, request verification of the total amount you owe. It's a smart idea to send the letter via certified mail and ask for a return receipt.
A Notice of Intention to File a Claim is an optional document that a potential claimant may serve upon the defendant to extend the time period to serve and file a claim.
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.
Thanks to a law passed in 2021, the statute of limitations of debt in New York is three years, which means that's how much time a debt collector has to file a lawsuit to recover the debt through the court system.
The form cannot be filed electronically.
Claims for more than $10,000.00 may not be brought in Small Claims Court. They must be started in the Civil Part of the court or in a different court.
The Civil Court has monetary jurisdiction up to $50,000.00, including replevin when the value of the chattel does not exceed that amount. It has jurisdiction of real property actions, such as partitions, and foreclosures, within the monetary limit.
The jurisdictional limit for each cause of action in the Civil Court is $50,000.00.
The Small Claims Court has monetary jurisdiction up to $10,000.00. Claims for more than $10,000.00 may not be brought in Small Claims Court. They must be started in the Civil Part of the court or in a different court.