New York Written Answer Consumer Credit (CIV-GP-58B) is a form of consumer credit that is regulated by the New York State Department of Financial Services. This credit is subject to certain consumer protection laws, including the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, and the Truth in Lending Act. It is used to provide short-term loans and credit lines to consumers, including those with lower credit scores. There are two main types of New York Written Answer Consumer Credit (CIV-GP-58B): secured loans, which require collateral, and unsecured loans, which do not require collateral. Both types require a written agreement between the lender and borrower and must be signed by both parties. The agreement must specify repayment terms and the interest rate charged. These consumer loans are often used for emergency expenses or to purchase items or services that may not be available through traditional credit cards or other lenders. They can provide consumers with access to funds when needed and can help build credit.
New York Written Answer Consumer Credit (CIV-GP-58B)
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FAQ
Any plaintiff can choose to verify their complaint but most civil cases in California are not verified unless there's a particular statute that requires a cause of action to be verified (this rule applies to unlimited civil cases where the complaint is over $25,000).
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.
A verified complaint has a statement at the very end of the complaint, after the attorney's signature (or the plaintiff's signature if there is no attorney), that is signed under penalty of perjury stating that the statements in the complaint are true.
A summons with notice or summons and complaint must be served within 120 days of filing with the County Clerk.
Replying to a summons in writing requires you to sign and date your reply. You should keep a copy for yourself before mailing the original to the plaintiff (or the plaintiff's attorney) stated in the summons. You must also file your answer with the court.
Generally, if the complaint has been sworn to (verified), then the answer must be verified as well. See CPLR 3020. In any event, the answer must be signed by defendant's attorney or by defendant if self-represented.
Section 3020 - Verification (a) Generally. A verification is a statement under oath that the pleading is true to the knowledge of the deponent, except as to matters alleged on information and belief, and that as to those matters he believes it to be true.
Generally, if the complaint has been sworn to (verified), then the answer must be verified as well. See CPLR 3020. In any event, the answer must be signed by defendant's attorney or by defendant if self-represented.