Legal Question in Credit and Debt Law in New York
Notice of Motion to Restore to Calendar
There was a Judgment issued on this particular case in 2006. Now I have received the above Notice of Motion to Restore. There is a date destined for me to appear in court. Is there anything I should do prior to appearing in court. There is a clause that says ''Please take further notice that answering Affidavits, if any, must be served at least seven days prior to the return date thereof.'' What does that mean? I will greatly appreciate your answer.
Dorothy
2 Answers from Attorneys
Re: Notice of Motion to Restore to Calendar
It means that if you wish to oppose the motion, your papers need to be sent to the movant with their receipt at least 7 days before that hearing date, as well as to the Court with an affidavit of service.
Good Luck
RRG
Re: Notice of Motion to Restore to Calendar
That means that you are required to submit your response by Affidavit to the moving party at least seven days before that date so that they have a chance to respond to that. It is advisable to have an attorney review the motion and submit an Affirmation stating your side of the issues. Very often with an attorney these dates can be changed as well especially when its the first date of the motion. This area of law is our specialty, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.
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