Free 58 A - New York

Civil Court of the City of New York
County of ______________________ ___________________________________ Index Number _________________

Plaintiff(s),

-againstDefendant(s),

ORAL ANSWER CONSUMER CREDIT TRANSACTION

____________________________________ 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: http://www.nycourts.gov/courts/nyc/smallclaims/forms.shtml. CIV-GP-58a Oral Answer Consumer Credit (Revised 12/08)