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Oral Answer Action For Money Only Form

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Civil Court of the City of New York

County of ______________________

Index Number _________________

___________________________________

ORAL ANSWER

Plaintiff(s),

-against-

ACTION FOR MONEY ONLY

Defendant(s),

____________________________________

Defendant ____________________________ has appeared and has orally answered the Complaint as follows:

Defendant’s address if different than address on summons:

ANSWER :

(Check all that apply)

1.____ General Denial: I deny the allegations in the Complaint.

SERVICE

2.____ I did not receive a copy of the Summons and Complaint.

3.____ I received the Summons and Complaint, but service was not correct as required by law.

DEFENSES

4.____ I do not owe this debt.

5.____ I am a victim of identity theft or mistaken identity. I am not responsible for this debt.

6.____ I have paid all or part of the debt.

7.____ I disagree with the amount of the debt/the amount is incorrect.

8.____ I do not have a business relationship with Plaintiff. (Plaintiff lacks standing.)

9.____ The NYC Department of Consumer Affairs shows no record of plaintiff having a license to collect debt.

10.___ Plaintiff does not allege a debt collector’s license number in the Complaint.

11.___ Statute of limitations (the time has passed to sue on this debt).

12.___ This debt was discharged in bankruptcy.

13.___ The collateral (property) was not sold at a commercially reasonable price.

14.___ Unjust enrichment (the amount demanded is excessive compared with the original debt).

15.___ Violation of the duty of good faith and fair dealing.

16.___ Unconscionability (the contract is unfair.)

17.___ Laches (plaintiff has excessively delayed in bringing this lawsuit to my disadvantage).

18.___ Defendant is in the military.

19.___ Other _____________________________________________________________________________

OTHER

20.___ Please take notice that my only source of income is _______________________, which is exempt from

collection.

COUNTERCLAIM(S)

21.___ Counterclaim(s): $

Reason:

______________

____________________________________________________________

_________________________________________________________________________________________.

This case is scheduled to appear on the calendar as follows:

Date:

Part:

Room:

Time:

Both sides notified

Plaintiff/Plaintiff’s Attorney’s name and address:

FREE CIVIL COURT FORM

No fee may be charged to fill in this form.

Form can be found at:

CIV-GP-58c Oral Answer Money Only (Revised 12/08)

Oral Answer Action For Money Only Form

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