CIV-GP-50 – Application for a Pro Se Summons

Jurisdiction: Country: United States | Province/State: New York

What is a CIV-GP-50 – Application for a Pro Se Summons?

The CIV-GP-50 is the Application for a Pro Se Summons used in the Civil Court of the City of New York. You use it to ask the court to issue a summons for your case in the General Civil Part. “Pro se” means you are representing yourself without a lawyer. This form is your launch pad. It allows you to start a civil lawsuit in this court.

When you file this application, you ask the clerk to create an index number and issue a summons. That summons tells the defendant they are being sued. It also tells them when they must respond. The summons must be served with your complaint or endorsed complaint. Without the summons, your case does not move. The court cannot require the defendant to answer you without it.

You typically use this form if you are bringing a money claim for up to the court’s limit. You may sue for breach of contract, property damage, personal injury, or return of property. You can also sue to collect unpaid accounts or services. If your claim is purely for money, you can file a summons with an endorsed complaint. That is a short written claim placed on the form or attached. If your case is more detailed, you attach a full complaint.

Self-represented individuals, sole proprietors, and small business owners often use this form. Landlords use it for money claims against former tenants for damages or unpaid utilities. Tenants use it to recover a security deposit or rent overcharge. Contractors and customers use it for unpaid invoices or faulty work. Owners use it to recover the value of property not returned. Drivers use it for car damage claims. These are common examples.

You use this form only in the Civil Court of the City of New York. That court covers the five boroughs. It has its own General Civil Part. Do not use this form for Small Claims, Commercial Small Claims, or Housing Part cases. Each of those has its own starting papers. If your claim exceeds the Civil Court limit, you do not use this form. If your claim seeks only non-monetary relief, this is likely not the right starting point.

You need this form when you are ready to file. You have a clear claim, a defendant located or doing business in New York City, and the right venue. You also know your claim is still within the statute of limitations. You want to move your case forward on your own. You want the court to issue a summons so you can serve it and start the clock.

Typical usage scenarios

You prepare your claim facts and amount. You fill in your name and the defendant’s correct legal name. You choose the right borough based on residence or where the claim arose. You sign and file with the clerk. You pay the filing fee unless you qualify and apply for a waiver. The clerk issues the summons under your new case number. You then serve the summons and complaint and return proof to the court.

When Would You Use a CIV-GP-50 – Application for a Pro Se Summons?

You use this form when you want to start a civil case as a self-represented plaintiff in New York City’s Civil Court. You have a claim for money within the court’s monetary limit. Your claim arose in the city where the defendant lives or does business. You need the court to issue a summons so you can serve the defendant.

Here are practical situations. You are a tenant who left an apartment, and your landlord did not return your deposit. You calculate the amount due and any interest. You file the application and ask for a summons. You attach a short endorsed complaint that states the facts and amount. You then serve the landlord and wait for an answer.

You are a contractor who finished a job, and your client did not pay. You have the invoice and proof of completion. You file the application and request a summons. You attach a clear claim summary. You then serve the business at its proper address or agent and calendar the response date.

You are a driver whose car was damaged in a collision. The other driver’s insurer denies your claim. You sue the driver for the repair cost and related expenses. You file the application in the borough where the accident happened. You serve the driver by a permitted method and track the answer deadline.

You are a small business owner owed for goods delivered. You sue for the unpaid balance and interest under the contract. You file the application in the county where the business is located, or where the sale occurred. You serve the corporate defendant through proper channels.

You are a landlord seeking money damages from a former tenant for repairs beyond normal wear. You file a civil money claim, not a housing summary proceeding. You do not seek possession. You want only money. You use this application to get your summons.

You do not use this form for Small Claims matters. Those use a very different filing process. You also do not use this form for Housing Part cases, like nonpayment or holdover. Those require different papers and procedures. If your case is mainly about an injunction or other non-money relief, you likely need a different court.

This form helps a broad range of users: tenants, former tenants, landlords, small business owners, contractors, consumers, service providers, and individuals with property damage or personal injury claims. If you are the plaintiff, and you are self-represented, and your claim is for money within the court’s limit, this form is your starting point.

Legal Characteristics of the CIV-GP-50 – Application for a Pro Se Summons

This application starts the process of commencing your case. Filing it with the court and receiving an issued summons are key legal steps. The application itself is not a judgment or an order. It is a formal request that triggers issuance of the summons. Once the clerk issues the summons and you serve it with your complaint, the court can exercise power over the defendant.

The summons and complaint give the defendant notice of your claim. Notice is a core due process requirement. Proper service of the summons and complaint is what brings the defendant into the case. That is how the court gains jurisdiction over that person or business. Without proper service, the case cannot move to judgment against that party.

Your filing date matters. It is the date you commence the action in this court. It can stop the statute of limitations from running if you serve within the time allowed. You must serve the summons and complaint within the required time after filing. You cannot let service linger. If you do, the court can dismiss your case.

Enforceability rests on several elements. You used the right court and part. Your claim is within the court’s jurisdiction. You chose the correct venue. Your paperwork names the correct legal parties. Your claims are stated with enough facts to put the defendant on notice. You signed the papers and filed them properly. You served the papers on time and in an allowed way. If you satisfy those, your case can proceed.

The application will require you to certify or affirm that your statements are true. Your signature is your declaration. False statements can have consequences. Make sure the facts are accurate. Spell names correctly. Use the defendant’s exact legal name. For a corporation or LLC, use its registered legal name. For a person, use the person’s full name.

The content of your complaint matters too. Even with an endorsed complaint, say who did what, when, where, and how you were harmed. State the amount you seek and the legal basis. If your contract allows interest or fees, say so and attach a copy. If your claim is based on property damage, attach estimates or bills. The facts should match the dollar amount you demand.

After service, the defendant has a set time to answer. That deadline depends on how you served them. If they answer, the case moves into the next phase. If they do not answer, you may seek a default judgment. For a default judgment, you must show proof of service, your claim, and that the defendant is not on active military service. You may also need an inquest for damages if the amount is not liquidated.

A summons issued on your application is a formal court document. It carries legal weight. It sets deadlines. It can lead to a judgment that you can enforce. You can garnish wages or restrain bank accounts after you win and the judgment is entered. But that end result depends on the strength of your papers, service, and proof.

How to Fill Out a CIV-GP-50 – Application for a Pro Se Summons

Follow these steps to complete and use the form. Take your time. Accuracy at this stage saves problems later.

Step 1: Confirm the court and your claim type

Make sure your claim belongs in the Civil Court of the City of New York. Your claim is for money within the court’s limit. You seek damages, not mainly an injunction or declaratory relief. Your case arises in New York City, or the defendant lives or does business here.

Pick the right borough for the venue. Choose the county where the defendant resides or works. You can also choose where the events took place. Match your choice to one of those bases. Venue is important. The wrong venue can delay your case.

Decide how you will present your claim. For a money-only claim, an endorsed complaint is allowed. That is a short statement of your claim attached to the summons. For complex facts, use a separate complaint. Either way, write clearly and stick to facts.

Check the statute of limitations. Confirm you are within time. If your claim is close to the limit, file it as soon as possible. Late filing can end your case.

Gather your evidence. Collect contracts, invoices, photos, estimates, and communications. You do not file all the evidence now. But you will need it for settlement or trial. It also helps you write a clear claim.

Step 2: Enter plaintiff information

Write your full legal name as the plaintiff. If you are suing as a business, write the exact business name. If you are a sole proprietor, you can use your name and any trade name. Include your mailing address with apartment or suite. Add your phone number and email if requested. The court may use this to contact you about scheduling.

If there are multiple plaintiffs, list each one with full details. If the court requires separate addenda for more parties, attach them. Be consistent across all forms.

Step 3: Enter defendant information

Write the full legal name of each defendant. For individuals, use full names. For corporations or LLCs, use the registered entity name. Do not guess. Accuracy is critical for service and enforcement. If the defendant uses a trade name, note it as “d/b/a” only if accurate.

List the defendant’s residential or business address. Include any apartment or suite number. If you have more than one address, list the best one for service. For a business, include the principal place of business. If you know the registered agent’s address, keep it with your records. You may need it for service.

If you are not sure of a piece of information, do not fill it with assumptions. Leave it blank or consult the clerk on the format. Never invent an address. Inaccurate addresses lead to failed service.

Step 4: State the nature of your claim

The application will ask for the case type or a short description. Use clear, plain language. Examples include breach of contract, property damage from a car accident, unpaid services, or return of property. If you seek the return of specific property, say so and give the value if required.

If an endorsed complaint is allowed and you plan to use it, prepare a short statement. State the parties, the agreement or event, the date, what went wrong, and the amount due. Keep it factual. Avoid opinions or legal jargon. If you rely on a contract, mention the key terms and attach a copy to your complaint if needed.

If you use a full complaint, prepare it in numbered paragraphs. State facts, not conclusions. Include the amount demanded at the end of the complaint. Sign and date the complaint.

Step 5: Enter the amount demanded and any interest

Write the dollar amount you seek, not more than the court’s limit. Break out principal and interest if the form allows it. If the contract or law entitles you to interest from a date, say the date. If you seek costs allowed by the court, note that as well. Do not claim penalties or fees unless you have a basis.

If you claim return of property (replevin), state the property description and its value. For property damage, use repair bills or estimates to set the amount. For personal injury, list medical expenses and any lost wages if you claim them. Be realistic and consistent with your facts.

Step 6: Choose the proper venue and explain why

Select the correct borough in the space provided. Give the reason. State that the defendant resides or does business in that county. Or state that the claim arose there. Keep your venue statement short and clear. This statement supports your choice and helps avoid transfer requests.

Step 7: Finish the summons request details

The application triggers the clerk to issue a summons under your case number. Make sure your party names appear exactly as you want them on the summons. Confirm the spelling and order for all parties. This is the caption of your case. It stays with your case from start to finish.

If the form asks about service or deadlines, read carefully. Some fields are for the clerk only. Do not fill clerk-only sections. Ask if you are not sure. Provide any requested additional addresses if asked.

Step 8: Sign and date the application

Sign your name where indicated. Print your name below the signature if the form asks. Date the application. Your signature affirms that the information is true to your knowledge. Keep your statements accurate. If you are signing for a business, add your title.

You usually do not need a notary for this application. If any attachment requires verification, follow the page instructions. The clerk can confirm the signature requirement if you have a question.

Step 9: Make copies and file with the clerk

Bring the original completed application and copies. You will need one copy for your records and one for each defendant. If you attached a complaint, bring copies of that as well. Neat, readable copies are important. Use black ink and standard paper.

Go to the clerk’s office in the correct borough for filing. Pay the filing fee. If you cannot afford the fee, ask about a fee waiver application. That is a separate process with its own form. The clerk will review your papers, create an index number, and issue the summons.

Before you leave, check the summons for accuracy. Confirm your name, the defendant’s name, your case number, and the court location. Ask for stamped copies for your records and service.

Step 10: Serve the summons and complaint

You must serve the summons and complaint on each defendant within the required time. Do not delay. Service must follow the allowed methods. For individuals, service can be personal delivery, delivery to a suitable person at home or work with mailing, or posting with mailing if allowed. For businesses, serve an authorized agent or officer. For corporations or LLCs, service on the registered agent is common.

You cannot serve the papers yourself. The server must be a person over 18 and not a party. Use a professional process server if possible. Give the server exact addresses and names. Provide apartment or suite numbers and business hours. Ask the server to keep detailed records of attempts.

After service, the server must complete an affidavit of service. Review each affidavit for correct names, dates, times, and method used. File the affidavits with the clerk as required. Keep a copy for yourself. This proof is essential if the defendant defaults.

Step 11: Track the defendant’s deadline to respond

Mark the answer deadline on your calendar. If the defendant was personally served in New York, the answer period is shorter than if service was by other methods. If served by an alternative method or outside the state, the time is longer. Ask the clerk for the exact time frame based on your service. Plan your next steps accordingly.

If the defendant answers, the case moves forward. You will receive a notice or answer from the defendant. If they do not answer by the deadline, you can ask the court for a default judgment. You will need proof of service and proof of your claim amount. If you ask for a sum certain, you may obtain a clerk’s judgment with the right documents. If your damages are not a sum certain, the court may schedule an inquest.

Practical tips to avoid common mistakes

Use the defendant’s exact legal name. This avoids problems enforcing a judgment. For an LLC or corporation, confirm the registered name. Double-check all addresses before filing. Confirm the apartment or suite.

Keep your endorsed complaint short and factual. State the agreement or event, the breach, and the loss. Avoid long narratives. Use dates and amounts. Attach key documents to your complaint if needed, especially for contract claims.

Pick the correct venue. If the defendant lives in Queens, think Queens. If the accident happened in Brooklyn, consider Kings County. Explain your choice on the form.

Watch the service deadline. Serve within the required time after filing. If you run into trouble serving, act early. You may need to ask the court for more time. Do not wait until the deadline passes.

Keep a complete file. Save stamped copies, affidavits of service, and all receipts. You will need them for motions, conferences, and trial. Good records reduce stress and delay.

If you need to correct a mistake after filing, speak with the clerk about the proper motion or amendment. Do not alter issued documents by hand. Use the proper process to fix errors.

By following these steps, you will complete the CIV-GP-50, get your summons issued, and move your case forward. Start with clean facts and clear writing. Serve on time. Track deadlines. Those basics will carry your case through the early stages with confidence.

Legal Terms You Might Encounter

• Pro se means you represent yourself without a lawyer. On this form, you are the pro se applicant asking the clerk to issue a summons. The court expects you to follow the same rules as lawyers. Use clear facts and correct names to support your request.
• Plaintiff is the person or business starting the case. If you are applying for this summons, you are the plaintiff. Your name must appear exactly the same everywhere: on the application, the summons, and the complaint.
• Defendant is the person or business you are suing. The defendant’s legal name must be accurate. If you sue a business, use its legal entity name, not just a brand or storefront name. This ensures the summons reaches the right party and any judgment applies to the right legal entity.
• Caption is the case heading that lists the parties and the court. The caption includes “Plaintiff v. Defendant” and often the court part name. Your application should match the caption you will use on your complaint. Consistent captions prevent filing delays and confusion.
• Complaint is a written document where you explain your claims and the relief you want. This application asks the clerk to issue a summons so you can serve the complaint. If you plan to serve a summons with a complaint, ensure the complaint aligns with the information on this application.
• A summons is the official notice from the court that tells the defendant a case has started and that they must respond. By filing this application, you ask the clerk to produce a summons for your case. The summons will carry the case details and the response requirements.
• Service of process means delivering the summons and complaint to the defendant in a legally valid way. After the clerk issues the summons, you must arrange proper service by someone allowed to serve. Your application does not serve the papers; it only starts the process.
• Affidavit of service is a sworn statement signed by the server confirming how, when, and where the defendant was served. After the summons is issued and served, you must file this affidavit. It proves the defendant received notice and allows the case to move forward.
• Venue is the court location where you file the case. The venue must be proper for your dispute and the defendant. Your application should list the correct county and part. An incorrect venue can delay issuance or force you to refile.
• Index number is the case number assigned by the clerk when you file. You will use it on all future documents. Your application leads to the issuance of a summons, but you will not move forward without a valid index number on your case papers.
• Damages are the money you claim. Your application asks you to state how much you seek. Be specific and support your number with facts. Overstating or understating damages can affect jurisdiction and the court’s ability to hear your case.
• Statute of limitations is the legal deadline to sue. Your application does not meet this deadline. You must file, obtain the summons, and serve it within the time allowed. Missing the deadline can end your claim.

FAQs

Do you need a complaint ready before you submit this application?

Ideally, yes. You should have a complete and consistent complaint ready when you ask for the summons. The facts, parties, and amounts in your complaint should match your application. If you are not serving the complaint at the same time, your complaint must still be ready to avoid delays and inconsistencies.

Do you need the exact legal name of the defendant?

Yes. Use the legal name for a person or the exact entity name for a business. If the business uses a different storefront name, list both the legal entity name and the “doing business as” name if applicable. Correct names make service valid and enforceable.

Do you need an address for the defendant?

Yes. You should list a reliable street address where service can be made. A post office box is not enough for personal service. If you are unsure, gather previous bills, contracts, or records that show current addresses. You can also note multiple addresses if you plan alternative methods of service.

Do you pay a fee when filing the application?

Yes, filing involves fees. Be prepared to pay them when you submit the application and receive your index number. Additional fees may apply for the complaint, trial requests, or other filings later in the case.

Do you have to serve the defendant yourself?

No. You cannot serve the papers if you are a party. Arrange for someone who is not a party and is eligible to serve. You can also use a professional process server. Make sure the server understands the required method and timing for service.

Do you have a deadline to serve the summons after it is issued?

Yes. There is a service deadline. Aim to serve as soon as possible after the clerk issues the summons. Fast service helps you avoid deadline problems and secures the defendant’s obligation to respond. Keep proof of service and file the affidavit promptly.

Do you need to attach anything to the application?

Bring the information the clerk needs to issue the summons. This includes the parties’ names, a good address for the defendant, the venue, your claim type, and your damages amount. If you have a prepared complaint, have copies ready. The clerk may need to review your entries for accuracy.

Can you amend your papers after filing?

Often, yes. If you need to correct a name, address, or amount, you can amend. You may need permission from the court or the other side, depending on timing. If you amend, keep your application, summons, and complaint consistent. Serve amended papers where required.

What if the defendant does not respond after you serve the summons and complaint?

You may request a default judgment. You will need proof of proper service and evidence of your damages. Follow the court’s steps to request a default. If granted, the court may award the relief you seek. If denied, you must cure the issue or proceed on the merits.

What if you cannot find the defendant to serve them?

Try all reasonable ways to locate them. Use any last known address, workplace, or information from contracts or records. If service is still not possible, explore alternative service methods allowed by the rules. You may need court permission for some methods. Keep detailed notes of your efforts.

Checklist: Before, During, and After the CIV-GP-50 – Application for a Pro Se Summons

Before signing: Information and documents you need

• Your full legal name, address, phone number, and email.
• The defendant’s full legal name. For a business, the entity name and any “doing business as” name.
• A reliable service address for the defendant. Include apartment or suite numbers.
• The correct venue and county for the dispute.
• A short claim description that matches your complaint.
• The amount of damages you seek and how you calculated it.
• The date of the event(s) giving rise to the claim.
• Any contract, invoice, photographs, messages, or other supporting records.
• Your prepared complaint and copies, if ready.
• Funds for filing fees.
• A clear, legible caption for the case.
• A calendar reminder for service deadlines.

During signing: Sections to verify

• Party names: Confirm spelling, middle initials, and suffixes. Match across all documents.
• Defendant details: Confirm business entity type if you sued a company.
• Caption: Ensure it matches your complaint exactly.
• Venue and county: Confirm you selected the correct location.
• Damages: Confirm the amount requested falls within this court’s limits.
• Claim description: Keep it consistent with your complaint facts.
• Contact information: Provide complete, current information for court notices.
• Date and signature: Sign in the correct space. Date the form.
• Legibility: Print clearly. If typing, double-check formatting and spacing.
• Copies: Ensure you have copies for service and for your records.

After signing: Filing, notifying, and storing instructions

• File the application with the clerk and obtain your index number.
• Receive the issued summons from the clerk. Review it for accuracy.
• Attach the complaint if you plan to serve it with the summons.
• Make enough copies for each defendant and for your records.
• Arrange proper service by an eligible server. Do not serve it yourself.
• Serve within the required time. Keep a strict track of deadlines.
• Obtain the affidavit of service from the server. Review it for completeness.
• File the affidavit of service with the clerk.
• Track the defendant’s response deadline. Mark it on your calendar.
• Store all documents in a safe, labeled folder. Keep digital backups.
• Plan your next step: default request if no response, or case preparation if they answer.

Common Mistakes to Avoid CIV-GP-50 – Application for a Pro Se Summons

• Don’t list the wrong defendant’s name. If you sue the wrong person or the wrong business entity, your case may get dismissed, or your judgment may be unenforceable. Confirm the defendant’s legal name before you file.
• Don’t choose the wrong venue. Filing in the wrong county can trigger delays, transfers, or dismissal. Confirm where the defendant is located and where the events happened. Ensure the venue on your application matches your complaint.
• Don’t underestimate the service deadline. Late service can get your case dismissed. Serve promptly after the summons is issued. Keep proof of service and file the affidavit on time.
• Don’t ignore damage limits and proof. Asking for more than allowed or without support can create jurisdiction problems. Calculate the amount carefully and align it with your court’s limits. Keep invoices, receipts, and records to support your claim.
• Don’t leave blanks or use unclear language. Missing or vague information can cause the clerk to reject your papers. Fill every required field. Keep entries short, specific, and consistent with your complaint.
• Don’t serve the papers yourself. Service by a party is invalid. Use an eligible adult or a professional server. Confirm the service method is allowed and correctly documented.
• Don’t forget apartment numbers or suite details. Incomplete addresses often lead to bad service. A flawed service can halt your case. Double-check every address before you dispatch the server.

What to Do After Filling Out the Form CIV-GP-50 – Application for a Pro Se Summons

1. File the application with the clerk, pay the filing fee, and secure your index number. Review the issued summons for accuracy. Confirm that the names, caption, venue, and index number match your complaint.
2. Prepare your service packet. Include the summons and the complaint. If you plan to serve a summons with notice, ensure the notice matches your application entries. Make enough copies for each defendant and for your files.
3. Plan and carry out service. Choose an eligible server that understands the required method and timing. Give the server clear instructions and complete addresses. Ask them to note dates, times, and descriptions of the recipient when appropriate.
4. Collect the affidavit of service. Review it for accuracy and completeness. Confirm it lists the correct documents served, the date and time, the location, and the person served. The details must match the service method used.
5. File the affidavit of service with the court. Keep stamped copies for your records. This filing proves the defendant was served and starts the clock on their response time.
6. Track the response deadline. If the defendant answers, prepare for the next phase. Organize your evidence, review your claims, and follow court scheduling notices. If the defendant does not answer by the deadline, consider a default request. Gather proof of service and evidence of damages to support it.
7. Handle corrections or amendments. If you discover an error in a name, amount, or address, act quickly. Some changes require permission or serving amended papers. Keep the caption and index number consistent across all documents after any change.
8. Resolve service problems. If the server cannot complete service, try other lawful methods or different times and places. Document every attempt. If deadlines are tight, consider requesting more time according to the rules. Do not let the clock run out.
9. Keep your file clean and complete. Store the application, issued summons, complaint, affidavits, and all correspondence in one place. Maintain both paper and digital copies. Clear records help you answer court questions and support any default request.
10. Prepare for settlement or trial. After the service is complete and the case moves forward, think through your goals. Calculate your bottom line. Gather your evidence and witness contact information. Keep consistent with your claims as stated in your complaint and application.
11. If you add parties, follow formal steps. When new information reveals another responsible party, you may need to amend and serve them. Do not add parties informally. The caption, summons, and complaint must all reflect the change.
12. If you decide to discontinue, do it in writing. Follow the proper form for discontinuance. Serve and file as required so the court and the other side have a clear record. Keep stamped copies for your records.
13. Stay responsive to court notices. Read every notice you receive. Appear when scheduled. Bring your documents, evidence, and identification. Missing a date can result in dismissal or other penalties.