Legal Question in Credit and Debt Law in New York
Judgement Clerk - defendant question
case:consumer credit transaction /NY county Supreme Court
plaintiff: lender of loan
consumer credit transaction...plaintiff sent summons and complaint 2 years ago, I did not answer. Plaintiff just sent me (FEB 2006) a notice of motion stating he will seek judgment by default via judgment clerk, notice included date he will do so in court. Plaintiff commenced 2 prior actions years ago, but abandoned cases after summons and complaints.Each complaint cites a different amount for legal fees and different interest rate for loans. The current complaint does not request post judgment interest, but his request for default judgment (notice of motion )does. I Was told by court staff that I am allowed to file papers with judgement clerk on the court date. MY QUESTION: Do I now give clerk ''answer'' papers to answer the complaint, or a '' affidavit in opposition'' to the mtion for default judgment? any response appreciated..and yes I realize I was a dork for not anwering the complaint early on. any comments appreciated. I know I must have a ligit reason for not answering complaint, and a 'meritorious'' defense Thank you.
1 Answer from Attorneys
Re: Judgement Clerk - defendant question
A fun question! I may be wrong because I am relying on my memory, but I believe the CPLR does not permit a judgment entered by the clerk if the summons/complaint were issued more than one year ago.
Your response does not need to be identified as 'answer' or 'affirmation in opposition', but 'affirmation in opposition' is better.
You can still make a motion to the court to ask the court to accept a late answer and you can, in the interim, send an answer and then attach it to your 'affirmation' and 'motion'.
An obscure bit of law is the subject of your question.
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