CIV-GP-59 – Application for Pro Se Summons

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

What is a CIV-GP-59 – Application for Pro Se Summons?

The CIV-GP-59 is the Application for Pro Se Summons used in the Civil Court of the City of New York. You use it to start a civil case when you do not have a lawyer. “Pro se” means you represent yourself. This form lets the clerk issue a summons for your case. The summons tells the defendant that you have sued them and that they must respond.

In the New York City Civil Court, you can sue for money up to a set limit. The court handles many everyday disputes. You can bring claims for unpaid bills, contract breaches, property damage, or personal injury. You can also sue for the return of a security deposit or other money owed. If your claim is for money only and within the court’s limit, this form is likely your entry point.

Who typically uses this form?

Self-represented people and small businesses use it often. If you want to sue without hiring a lawyer, this is the standard path in Civil Court. Tenants use it for deposit returns or repair costs. Consumers use it for faulty work or services. Small businesses use it for unpaid invoices. Landlords sometimes use it for money-only claims when eviction is not sought. This form is not for Housing Court evictions, Small Claims, or Family Court matters.

You need this form when you want the court to issue a summons tied to your claim. The summons is a formal command. It requires the defendant to answer by a set date. Without a summons, your lawsuit does not move forward. The application helps the clerk prepare and stamp the summons, assign a case number, and set the answer date.

Typical use scenarios

• You paid a contractor who never finished the job. You want your money back.
• Your former landlord kept your security deposit without cause. You want the deposit and interest.
• A driver damaged your car and refuses to pay. You want repair costs.
• A customer owes your small business for completed work. You want the invoice paid.
• You bought goods that never arrived. You want a refund.

This form fits general civil money claims. It does not apply to eviction, small claims, or criminal matters. If you are unsure about the proper court part, the clerk can direct you to the correct window. You remain responsible for choosing the right forum. The application works in one of the City’s five Civil Court counties. You must pick the borough that fits the venue rules. Those rules focus on where parties live, do business, or where the claim arose.

Filling this application is not a full legal brief. You give a short, clear statement of what happened. This is called an “endorsed complaint” when used with a pro se summons. It tells the defendant the basis of your claim, the date and place, and the amount sought. The clerk uses your information to issue the official summons. That document, plus your endorsed complaint, must then be served. Service means a non-party delivers the papers to the defendant under the rules.

When Would You Use a CIV-GP-59 – Application for Pro Se Summons?

You use this form when you choose to start a money claim in the Civil Court of the City of New York without a lawyer. The case must fit the court’s subject matter and money limits. Use it when you want a faster, more direct path than drafting a full complaint. The application leads to a summons with an endorsed complaint. That is a short and plain statement of your claim. This is common for straightforward disputes.

Tenants use it when seeking return of a deposit, rent overcharges, or repair-related costs. You can sue a former landlord for the deposit after moving out. A landlord might use it to pursue a past-due balance after a tenant vacates, when eviction is not at issue. Consumers use it against contractors, movers, or sellers who failed to perform. You can sue for poor workmanship, damaged property, or undelivered goods. Small business owners use it for unpaid invoices, bounced checks, or broken service agreements. You can sue a customer or vendor for money owed.

You would not use this form for eviction or possession claims. Those belong in Housing Court as summary proceedings. You also would not use it for Small Claims. Small Claims has its own forms and limits. If your case is a personal injury with large damages, or involves complex legal issues, you might consider hiring a lawyer and filing a full complaint. Some specialized case types have extra rules. Consumer credit cases, for example, may involve specific notices and affidavits. If your claim is against a government entity, special notices and shorter deadlines may apply. The pro se summons is not a shortcut around those requirements.

Use this form if the venue is proper in a New York City county. Venue usually depends on where a party lives or does business, or where the event happens. For example, if the work was done in Brooklyn, the venue in Kings County Civil Court is often proper. If the defendant is a corporation, venue may also track its business location in the city. You should pick the borough that has a clear connection to your case. Filing in the wrong borough can create delay and motion practice.

Timing also matters. Claims have filing deadlines called statutes of limitation. The deadline depends on the type of claim. If that deadline passes, you lose the right to sue. The pro se application does not extend or pause that deadline. You should file before time runs out. If you are close to a deadline, act quickly and keep proof of filing.

Legal Characteristics of the CIV-GP-59 – Application for Pro Se Summons

The CIV-GP-59 itself is an application. It becomes legally significant when the clerk issues the summons based on your information. The issued summons, coupled with your endorsed complaint, is the formal start of your action. Once filed and properly served, it triggers the defendant’s duty to respond. The summons carries the court’s authority. It informs the defendant that a case exists and sets the answer or return date.

The summons is legally binding because the court issues it under its jurisdiction and rules. Enforceability comes from three pillars. First, your case must fall within the court’s subject matter and money limits. Second, the venue must be proper in the chosen county. Third, service must follow the rules. If any of these fail, the defendant can challenge jurisdiction or service. The court can then dismiss the case or require correction.

Proper filing is key. The clerk stamps the papers, assigns an index number, and sets an answer date. That stamp and index number show the case is open. Accurate party names and addresses matter. They ensure the right person or entity gets notice. If the defendant is a business, you must use the legal name. Include “Inc.,” “LLC,” or the full corporate name, if applicable. Suing the wrong name invites delay and dismissal.

Service is critical to enforceability. You cannot serve the summons yourself. A non-party adult must serve it. Service methods follow strict rules. Individuals can be served in person, at home, or at work under set conditions. Corporations and LLCs can be served through designated officers or agents. An affidavit of service is then filed to prove service. If the service is defective, the court cannot act against the defendant. The defendant can move to dismiss for lack of service.

Your endorsed complaint must be clear. It should tell the defendant what you claim and why. It should state the date and place of the events and the amount claimed. Vague statements lead to motions to dismiss or demands for a fuller complaint. A short, precise claim statement supports the case and reduces early challenges. If your case type has special requirements, you must include those. For example, some claims need particular notices or sworn statements. Missing required items can block a default judgment later.

The summons sets the timeline. It tells the defendant when to answer. If the defendant appears and answers, the case moves forward. If the defendant does not answer after proper service, you can seek a default judgment. You will need proof of service, proof of the claim, and proof of damages. The court reviews those before entering judgment. If the service or venue was wrong, a default judgment will not stand.

How to Fill Out a CIV-GP-59 – Application for Pro Se Summons

Follow these steps to complete and use the form effectively.

1) Confirm your case belongs in this court.

• Make sure your claim is for money within the Civil Court limit.
• Confirm the case is a general civil dispute. This is not for eviction or Small Claims.
• Choose the correct borough. The venue is based on residence, business, or where events occurred.

2) Gather your information.

• Your full legal name, mailing address, phone, and email.
• Defendant’s full legal name and a service address. Use the legal entity name for a business.
• Dates, places, and facts that support your claim.
• Total amount you seek. Include principal, and if applicable, interest and fees.
• Any contracts, invoices, photos, or written communications. These can support your claim.

3) Complete the court caption.

• Identify the court as the Civil Court of the City of New York.
• Select the county: Bronx, Kings, New York, Queens, or Richmond.
• Enter your name as Plaintiff and the defendant’s name as Defendant.
• Leave the index number blank until the clerk assigns it.

4) Identify all parties accurately.

• Use your full name as it appears on your ID or business records.
• For a business defendant, use the true legal name. Include “Inc.”, “Corp.”, “LLC,” or “PLC” if applicable.
• If the defendant uses a trade name, list the legal name and the “d/b/a” name if known.
• If you have multiple defendants, list each one with a service address.

5) Provide the defendant’s service address.

• Use a reliable address for personal or business service.
• For individuals, home or work addresses can be used under the rules.
• For companies, list the principal office or the registered agent address if known.
• If you have more than one good address, provide each one.

6) State your claim with an endorsed complaint.

• Write a short, plain statement of what happened.
• Include dates, places, and key facts showing why the defendant owes you money.
• Example: “On May 2, 2024, in Queens, Defendant failed to return my $2,000 security deposit after I moved out, despite written demand.”
• Example: “On March 10, 2024, in Brooklyn, Defendant breached a written contract by not delivering goods. I paid $4,500. No goods were delivered.”
• Avoid long narratives. Use simple, factual sentences.

7) Specify the relief you want.

• State the exact amount of money you seek.
• Break out principal and any interest, if applicable.
• If you seek other relief allowed by the Civil Court, state it clearly.
• Do not request eviction, injunctions, or relief outside this court’s scope.

8) Confirm the basis for venue and jurisdiction.

• Include a line that ties your case to the chosen county.
• Example: “Events occurred in Kings County.”
• Example: “Defendant resides or does business in New York County.”
• This helps avoid venue challenges.

9) Address time limits.

• State the date of the transaction or injury.
• This helps show your claim is timely.
• If you are close to a filing deadline, file promptly.

10) Review for completeness and clarity.

• Check names, addresses, dates, and amounts.
• Confirm your statement of claim is specific and brief.
• Remove opinions or insults. Stick to facts.

11) Sign and date the application.

• Sign where indicated.
• Your signature affirms the truth of your statements.
• No notary is usually required for this application. The clerk will advise if needed.

12) Make copies before filing.

• Keep a complete copy for yourself.
• Bring extra copies for each defendant.
• The clerk may stamp your copies with the index number.

13) File the application at the proper clerk’s office.

• Go to the Civil Court clerk’s office in the correct borough.
• Submit the completed application.
• Pay the required filing fee. Ask the clerk for the current amount.
• The clerk will assign an index number and issue the summons.

14) Receive the issued summons and answer date.

• The clerk will generate a summons tied to your application.
• The summons will include the answer or return date.
• Review the date and details for accuracy.

15) Arrange service of the summons and endorsed complaint.

• You cannot serve the papers yourself.
• A non-party adult must serve under the rules.
• Consider using a licensed process server for reliability.
• Serve within the allowed time after filing. Do not delay.

16) Choose a proper service method.

• Individuals can often be served in person.
• If not possible, other methods may apply under the rules.
• Businesses can be served by an officer, manager, or registered agent.
• Make sure the server follows the exact steps required.

17) Obtain and file the affidavit of service.

• The server must sign an affidavit stating how the service was done.
• File the affidavit with the clerk by the deadline.
• Keep a copy for your records.

18) Calendar the answer or return date.

• Use the date on the summons to track next steps.
• If the defendant answers, you will receive notice and instructions.
• If the defendant does not answer, consider a default judgment request.

19) Prepare for the next steps after the service.

• Organize your evidence: contracts, messages, photos, estimates, and receipts.
• Calculate your damages clearly.
• Bring two sets of your documents to court dates.

20) Handle corrections or amendments if needed.

• If you discover an error in the name or amount, act quickly.
• You may amend your papers under the rules.
• Amending after service can require permission or extra service.

21) Be mindful of special case requirements.

• Some claims need extra notices or forms.
• Consumer credit cases can have added steps before default.
• Claims against government entities often require prior notice.
• Ask the clerk about any extra requirements for your claim type.

22) Use clear, consistent naming throughout.

• The name on your application should match the name on the summons.
• The defendant’s name should remain consistent in all filings.
• Inconsistent naming causes delays and service issues.

23) Keep all receipts and proof.

• Save the filing receipt with your index number.
• Keep proof of payment for process servers.
• Keep copies of every document you file or serve.

Practical tips

• Focus on the who, what, when, where, and how much.
• Use dates and dollar figures.
• Avoid legal conclusions or long quotes from contracts.
• Add a single sentence that connects the facts to the money you seek.
• Example: “As a result, Defendant owes me $3,250.”

Common mistakes to avoid

• Filing in the wrong borough. Tie your claim to the proper county.
• Suing the wrong party or trade name. Use the legal name.
• Vague claim statements. Be specific and concise.
• Missing service deadlines. Calendar your dates and act early.
• Serving the papers yourself. Use a non-party server.

If you follow these steps, your Application for Pro Se Summons will produce an issued summons with an endorsed complaint. You will have an index number, a return date, and a path forward. Your job then is to serve correctly, prove service, and prepare for the next stage. Keep your statements factual and your documents organized. That approach helps the court understand your claim quickly and clearly.

Legal Terms You Might Encounter

• Plaintiff means you. You start the case and sign the application. On the CIV-GP-59, you list your full name and contact details as the plaintiff.
• Defendant is the person or business you are suing. You must list each defendant’s legal name and address on the CIV-GP-59. If you sue a business, use its legal name, not just a store name.
• Summons is the document that tells the defendant they are being sued. Your CIV-GP-59 asks the court to issue a summons. The court uses your entries to create the official summons.
• Complaint is your written statement of what happened and what you want. The CIV-GP-59 does not replace your complaint. You still need a complaint that matches the parties and claim described on the application.
• Index Number is the case number the court assigns at filing. You pay a fee to get it. You write it on the CIV-GP-59 once the clerk issues it.
• Service of Process means delivering the summons and complaint to each defendant the right way. The CIV-GP-59 leads to a summons. You still must arrange proper service after filing.
• Affidavit of Service is a sworn statement proving service. After you serve the summons and complaint, you file an affidavit of service for each defendant. The CIV-GP-59 helps start the case so you can reach this step.
• Venue is the county where you file. The CIV-GP-59 asks for the filing location. You choose the Civil Court county that fits your case. Use where a defendant lives, does business, or where events happened when allowed.
• Cause of Action is the legal reason for your claim, like breach of contract or property damage. The CIV-GP-59 asks for the nature of your claim in plain words. Keep it consistent with your complaint.
• Damages are the money or relief you seek. The CIV-GP-59 asks for the amount and type of relief. Confirm your amount fits the Civil Court’s limits.
• Verification is a statement that your facts are true. Some complaints require verification. The CIV-GP-59 collects your sworn details to prepare the summons. Sign only after you confirm accuracy.
• Default Judgment is what you can request if a defendant does not respond. The CIV-GP-59 starts the case. Proper service and proof help you seek a default if the defendant ignores the summons.

FAQs

Do you need a complaint to use this application?

Yes. The CIV-GP-59 is not your complaint. It asks the court to issue a summons. You still draft a complaint that states facts, your legal claim, and your demand for relief. The names, addresses, and amounts on the CIV-GP-59 must match your complaint.

Do you file the application before service?

Yes. You file the CIV-GP-59 with the court and pay the filing fee. The clerk assigns an index number and issues the summons. Only after filing do you serve the summons and complaint on each defendant.

Do you need the defendant’s full address?

Yes. You should provide the best street addresses you have for each defendant. Service depends on accurate addresses. If you only have a partial address, you risk delays or failed service. Confirm addresses before filing.

Do you list a business the same way as a person?

No. Use the business’s legal name. If you sue a corporation or LLC, list its exact legal name. If you sue a sole proprietorship, list the owner’s name and the “doing business as” name if used. Match the complaint and the CIV-GP-59 to avoid confusion.

Do you have to serve within a specific time?

Yes. You have a set number of days after filing to complete service. Timelines are strict. If you miss the deadline, the court can dismiss your case. Track your deadline and plan service early.

Do you have to use a professional process server?

You can use any adult who is not a party to the case. Many people use a licensed process server to avoid errors. Whoever serves must follow the rules and complete an affidavit of service. If the service is wrong, the case can stall or be dismissed.

Do you need multiple copies?

Yes. Bring enough copies for the court, for you, and for each defendant. After filing, you will serve a copy of the summons and complaint on each defendant. Keep a clean set for your records.

Do you need to pick the right county?

Yes. You must file in the proper county for your case. Venue rules consider where defendants live, do business, or where events happened. If you pick the wrong venue, the court can transfer or dismiss the case.

Do you need to stay within the court’s money limit?

Yes. The Civil Court has a dollar limit for claims. Check that your damage request fits. If your claim exceeds the limit, consider a different court. If you file over the limit, your case can be rejected or moved.

Do you need to verify your complaint?

Sometimes. Certain claims require verification. Even if not required, sign only after confirming every detail. False statements can lead to penalties and harm your case.

Do you need to ask for a fee waiver?

If you cannot afford the fee, you can apply for relief. Ask the clerk for the correct form to seek fee assistance. You must support your request with financial information. The court decides based on your situation.

Can you add more defendants later?

Possibly. If you discover new parties, you may amend your papers. Timing matters. Before service, you often can correct or add names. After service, you may need consent or permission. Ask the clerk which steps apply.

Checklist: Before, During, and After the CIV-GP-59 – Application for Pro Se Summons

Before signing

• Confirm your claim fits the Civil Court’s money limit.
• Decide the correct county venue.
• Gather your full legal name, address, phone, and email.
• Gather each defendant’s full legal name and service address.
• For businesses, confirm exact legal names.
• Draft your complaint. Align facts, parties, and relief with the CIV-GP-59.
• Calculate your damages. Separate principal from interest if relevant.
• Set your relief type: money, property return, or other relief.
• Check any time limits that may apply to your claim.
• Plan for service. Choose a process server or a qualified person.
• Prepare payment for the filing fee.
• Make enough copies of the CIV-GP-59 and the complaint.

During signing

• Verify your name, address, and contact details.
• Verify each defendant’s name spelling and address.
• Confirm the claim description matches your complaint.
• Confirm the damage amount is correct and within limits.
• Check the correct county selection.
• Ensure the complaint’s caption matches the application’s caption.
• Review all dates for accuracy.
• Sign where required. Print your name clearly.
• If a sworn statement is needed, sign bit efore an authorized person.
• Write the index number once the clerk issues it.

After signing

• File the CIV-GP-59 and complaint with the clerk.
• Pay the filing fee and obtain your index number.
• Ask the clerk to issue the summons based on the application.
• Get conformed (stamped) copies for your records.
• Calendar your service deadline.
• Arrange service for each defendant with the summons and complaint.
• After service, file affidavits of service promptly.
• Track the defendant’s deadline to respond.
• Store all receipts, stamped copies, and service proofs in one folder.
• Plan next steps: default request or preparing for a response.

Common Mistakes to Avoid

• Don’t forget to match names across documents. If the complaint and the CIV-GP-59 list parties differently, the clerk may reject filing. You also risk service and judgment problems later.
• Don’t exceed the court’s money limit. If you ask for more than allowed, the court can reject the case. You lose time and may risk a time bar on your claim.
• Don’t file in the wrong county. Filing in an improper venue can cause transfers or dismissal. You waste filing fees and delay the case.
• Don’t use a trade name in place of a legal name. If you sue “Main Street Hardware” but the legal entity is different, you may not collect even if you win. Identify and list the correct legal party.
• Don’t miss your service deadline. Late service can trigger dismissal. You may have to refile and pay again, if time still allows.
• Don’t submit incomplete addresses. Inaccurate addresses lead to failed service. You face delays or case dismissal for lack of proper notice.
• Don’t sign with errors. A wrong date, a missing page, or an unsigned section can stall filing. Fixing simple errors early saves weeks.

What to Do After Filling Out the Form

1. File the application and your complaint. Take your completed CIV-GP-59 and complaint to the clerk. Pay the filing fee. Get your index number. Ask for the summons to be issued based on your application.
2. Obtain stamped copies. Ask the clerk to stamp your copies. Keep one full set for your records. You will serve the summons and complaint on each defendant.
3. Plan and complete service. Pick a process server or a nonparty adult. Provide them with a copy of the summons and complaint for each defendant. Give them the correct addresses and any timing requirements. Remind them to complete affidavits of service after delivery.
4. File the affidavits of service. Return the original affidavits to the clerk. Keep copies. These documents prove the court has authority over each defendant.
5. Track the defendant’s response. Mark the date service was completed. Count the defendant’s time to answer. If no answer arrives, prepare to seek a default. If an answer arrives, begin preparing for the next steps.
6. Handle amendments if needed. If you find an error before service, correct your papers and reprint. After service, you may need consent or permission to amend. Act quickly. Delays can limit your options.
7. Address problems with service. If service fails at one address, try another method or location allowed by the rules. Re-serve promptly to stay within deadlines. File any additional affidavits.
8. Prepare your evidence file. Keep contracts, invoices, photos, messages, and witness details. Organize exhibits early. It helps with settlement talks and hearings.
9. Communicate professionally. If you discuss settlement, put proposals in writing. Do not miss answer or motion deadlines while you talk. Continue tracking the court calendar.
10. Maintain a clean record. Store receipts, fee records, stamped copies, and all court notices. Keep a timeline of events. Good records support your credibility and reduce errors.
11. Know when to seek guidance. If you face a complex issue, ask the clerk about available resources. Stay within the rules and timelines. Well-timed questions prevent costly missteps.
12. Discontinue or settle properly. If you settle, file the proper notice so the court closes the case. Get any payment terms in writing. Confirm both sides understand the agreement.
13. Final review before next filings. Before you file motions or requests, align names, index numbers, and dates. Keep your captions consistent. Use your initial filing set as a template.

Close-out checklist

• Index number assigned and recorded.
• Summons issued and copies secured.
• Service completed for each defendant.
• Affidavits of service filed.
• Response deadline tracked.
• All documents are stored and labeled.