A New York Complaint (Example) is a type of legal document that is used to commence a civil action in the state of New York. It is the first document filed, and it is used to set forth the facts of the case and the relief sought. This type of complaint includes the names of the plaintiff and defendant, the allegations that the plaintiff is making against the defendant, and the relief the plaintiff is requesting. There are several types of New York Complaint, including Complaint for Breach of Contract, Complaint for Negligence, Complaint for Money Damages, Complaint for Foreclosure, and Complaint for Divorce.
New York Complaint (Example)
State:
New York
Control #:
NY-6JD-30
Format:
PDF
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Complaint (Example)
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FAQ
You are required to respond to the Complaint within 30 days by filing a verified Answer. This means that you must submit a document that specifically admits, denies, or explains each of the facts alleged in the Complaint, unless you do not have knowledge of the answer, and if that is the case, you must state it.
How to file a complaint with the CCRB Call the CCRB's Hotline: 1-800-341-2272. Monday through Friday, 9am - 5pm, you will speak directly to an investigator. After 5pm and on weekends, you can leave your complaint via voicemail.Call 311: anytime 24/7. If calling from outside NYC: 1-212-NEW-YORK.
You can either answer the summons in writing or in person. If you answer in person, you must go to the courthouse clerk's office and tell the clerk about your defenses to the plaintiff's claims. The clerk will check off the boxes in a Consumer Credit Transaction Answer In Person form.
There are three ways to deliver legal papers to start a case. Personal delivery. The papers are handed to the defendant or respondent.Substituted delivery. Papers are left with someone else to give to the defendant or respondent and copies of the papers are mailed.Conspicuous delivery.
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.
In order to avoid a default, the Defendant must respond upon being served with either the summons with notice or the summons and complaint within the applicable time frame. These deadlines are found in CPLR §320(a) and are 20 or 30 days depending on how service was made.
A summons with notice or summons and complaint must be served within 120 days of filing with the County Clerk.
Failure to Respond: If a defendant fails to answer the complaint or file a motion to dismiss within the time limit set forth in the summons, the defendant is in default. The plaintiff can ask the court clerk to make a note of that fact in the file, a procedure called entry of default.