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What Forms Needed to Answer Creditor Complaint in Clerk's Office NY


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Reading thru the various threads in this forum, I pretty much have a good handle on how to prepare an Answer to a Summons and Complaint by a creditor attorney.

However, I know that each city /county clerk's office has their local rules and procedures for filing. Unfortunately, the clerk's office here in Buffalo, NY is geared toward rejecting "Pro Se" filings for the most minor formats (ie did not include a cover page) and returning them without giving a reason why (Is there an agency I can complain to?). When asking them for the correct forms / procedures needed to file, they give the standard answer "I can't give Legal Advice....You Should Hire a Lawyer".

My question to everyone in this forum is what forms / papers are exactly needed to accompany my Answer for correct filing in the clerk's office (Western District of New York).

I assume the following are required:

1. Some type of Cover Page (showing clerk's address, docket #, etc.)

2. Do I Need this ? "Notice of Intent to Defend"

3. My Answer to the complaint

4. Do I Need This ? Proof of Service Page

5. Do I need this ? Copies of the creditor's / plaintiff's complaint attached

6. Do I need anything else ?

I want to make sure everything is included so as I don't get these kicked out on a technicality.

All procedural tips and responses would be greatly appreciated.

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To All:

I should clarify my initial posting. The Questions were meant to be General Procedures (not NYS specific, though that would be helpful). I was just trying to determine what all is required in Answering to a Summons & Complaint (which I have not yet received, but went went out last week). From there, I can then check the local rules of the court.

Since the creditor suit is about $3,000. I would assume it will be in city court (not Superior Court) because of limitations.

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In your last post you state the summons "went out" last week. If you weren't served how do you know a summons went out? The only way is through the clerk of the court and the clerk should definitely be able to tell you what court the case is in. You also have no obligation to do anything until you are served(unless you think a judgment was entered against you without you being served).

ALso a case in the $3000 range could very well be in a small claims part where procedures are supposed to be simplified and you are supposed to be able to handle the case without a lawyer. I suggest you go to the NYCOURTS web site to learn more.


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