CIV-GP-58 – Answer in Person and Verification

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

What is a CIV-GP-58 – Answer In Person and Verification?

The CIV-GP-58 is the Civil Court of the City of New York’s in-person Answer form with a verification section. You use it when you go to the courthouse to respond to a Summons and Complaint in a Civil Court case. The clerk prepares and files your written Answer based on what you tell them, and you verify under oath that your Answer is true. This filing stops a default judgment and places your defenses on the record.

In plain terms: if you have been sued in the Civil Court of the City of New York and you want to respond by going to the courthouse instead of drafting and submitting your own written Answer, you will complete the CIV-GP-58 at the clerk’s counter. The form captures who is suing you, who you are, the index or docket number, your defenses, any counterclaims, and your signature under oath. The verification is a required sworn statement. The clerk or a notary will witness it and file your Answer.

Who typically uses this form?

Individuals sued in Civil Court who want to answer in person. That includes consumers facing a credit card or loan lawsuit, drivers sued for a car crash, tenants sued for money (not eviction), and people sued for breach of contract or property damage. Small business owners who are sued personally also use it. Corporations and LLCs usually must appear through an attorney in this court, so an owner cannot typically use this form to answer on behalf of the company in a general civil case.

Why would you need this form?

Because you received a Summons and Complaint, you must respond on time. Filing an Answer preserves your rights, asserts defenses, and prevents a default judgment. If the complaint you received was verified, New York practice often requires a verified Answer. The CIV-GP-58 provides for verification while you are at the clerk’s office.

Typical usage scenarios

• You were served with a Summons and Complaint for a consumer debt. You dispute the amount, believe the account is not yours, or think the statute of limitations has passed. You go to the courthouse to file your Answer in person and select the defenses that apply.
• You are sued for damage from a minor car accident. You want to deny fault and bring a counterclaim for your own damages. You file your Answer in person and include the counterclaim.
• You were served by a method you believe was improper. You want to contest jurisdiction and ask for a hearing on service. You check the improper service defense when completing the form.
• You paid or settled the claim already. You file your Answer and assert payment or accord and satisfaction.

This form belongs to the Civil Court of the City of New York and is used in that court’s General Civil Part. It is not the Housing Court answer form for eviction cases and is not a Small Claims form.

When Would You Use a CIV-GP-58 – Answer In Person and Verification?

You use the CIV-GP-58 when you choose to answer at the courthouse rather than file a written Answer you prepared yourself. It fits best when you want guided help from the clerk, you need a verified Answer, or you prefer to speak to someone while you respond. The form is appropriate after you have been served with a Summons and Complaint in a Civil Court case and before your Answer deadline expires. Your deadline appears on your Summons and is generally short. If you were personally handed the papers in New York, your time to answer is usually 20 days from service. If you were served another way, you often have 30 days. Read your Summons carefully and do not wait.

Typical users

• Consumers sued by a debt buyer or original creditor who want to deny some or all of the allegations, raise defenses such as statute of limitations, identity theft, payment, or incorrect amount, or request documentation.
• Individuals who are sued for negligence, property damage, or breach of contract and want to dispute liability or the amount of damages and preserve rights to discovery and trial.
• Tenants sued for money in Civil Court (not eviction) who dispute the claimed amount or assert defenses such as repairs, warranty issues, or that the wrong party has been sued.
• Self-employed people who are sued in their personal capacity want to answer without drafting a pleading from scratch.

You might use it even if you intend to settle, because filing the Answer stops a default and places you into the court process. After the Answer is filed, the case can be scheduled for a conference, discovery can begin, and settlement talks can proceed on a fair footing. If you have a defense based on how you were served, you should assert that in your in-person Answer or you risk waiving it.

If you were sued as a corporation or LLC in the Civil Court’s General Civil Part, you will typically need a lawyer to appear and file an Answer. In that situation, your attorney would handle the response, not you in person at the clerk’s window.

Legal Characteristics of the CIV-GP-58 – Answer In Person and Verification

The CIV-GP-58 functions as your Answer, a formal pleading that responds to the Complaint. It is legally binding once accepted and filed by the clerk. You sign the verification under oath. That sworn statement makes your Answer a verified pleading, which is often required if the Complaint is verified. Even when a verification is not strictly required, filing a verified Answer has legal force and can be used in court.

Enforceability comes from several features:

• It is filed in the Civil Court of the City of New York with the case index or docket number that matches your Summons and Complaint.
• It contains your signature and verification before a clerk, notary, or other authorized officer, making it a sworn document.
• It sets out admissions, denials, defenses, and counterclaims that bind you unless later amended by court permission or stipulation.
• It is served on the plaintiff. When you answer in person, the clerk typically arranges service of the Answer by mail. The court stamps the filing and places it on the docket.

The Answer is how you avoid a default judgment. If you do not answer on time, the plaintiff can seek a default, which may lead to a judgment that can be enforced through wage garnishments, bank restraints, and liens. By filing the Answer, you assert defenses and preserve your right to be heard.

Affirmative defenses can be critical. Some defenses must be raised in your Answer or in a pre-answer motion, or they are waived. Personal jurisdiction defenses, such as improper service, fall into that category. If you believe service was defective, assert it in your Answer. Other defenses, such as failure to state a cause of action, can also be raised in the Answer. Statute of limitations is an affirmative defense that you should state if you think the claim is too old.

Counterclaims allow you to seek money or other relief back from the plaintiff in the same case, if your claim is related and within the court’s monetary limits. If your counterclaim exceeds the court’s limit, you can waive the excess to keep it in this court or consider a different forum. Filing a counterclaim has consequences, including possible court fees and discovery obligations. If you are unsure, focus first on filing a timely Answer and preserving defenses.

False statements in a verified Answer can have serious consequences. Be accurate. If you do not know whether something is true, you can deny it for lack of knowledge or information. Do not admit facts unless you are certain.

How to Fill Out a CIV-GP-58 – Answer In Person and Verification

Follow these steps when you appear at the Civil Court of the City of New York to answer in person. Bring your Summons and Complaint, any documents you want to reference, and identification.

1) Identify the case.

• Court: Confirm you are in the Civil Court of the City of New York, not Housing Court or Small Claims.
• County: Select the county named on your Summons (e.g., Bronx, Kings, New York, Queens, Richmond).
• Index or Docket Number: Copy the number from the top of your Summons or Complaint exactly. This number ties your Answer to the case.
• Case Title: List the parties exactly as named. Plaintiff(s) first, Defendant(s) second. If your name is misspelled on the Summons, include it as written and note the correct spelling where the form allows.

2) Provide your contact information.

• Your address: Give your current mailing address. The court and the plaintiff will send notices here.
• Phone and email: Add them if asked. This helps with scheduling and notices. Keep your information current.

3) Acknowledge service and protect jurisdictional defenses.

• Method and date of service: The clerk may ask how and when you were served. Answer truthfully.
• If you believe service was improper: Select the defense for improper service or lack of personal jurisdiction. This preserves your right to a hearing (often called a traverse hearing) where the court decides whether service met legal requirements. If you do not raise this, you may waive it.

4) Choose how you respond to the Complaint.

• General denial: If you deny most or all allegations, choose a general denial. This is common in consumer debt and simple contract cases.
• Specific admissions/denials: If you admit some facts but deny others, say so. You can deny for lack of knowledge where you do not have enough information to admit or deny.
• Verified complaint: If the Complaint was verified, your Answer generally must be verified. The CIV-GP-58 includes the verification section for that purpose.

5) Select your defenses.

Mark all defenses that apply. Common defenses you will see on the form include:

• Statute of limitations: The time to sue has expired. Use this only if you have a good-faith basis.
• Payment or settlement: You paid the debt or settled it.
• Not my account/identity theft/mistaken identity: You never opened or used the account, or you were a victim of fraud.
• Incorrect amount: The numbers are wrong or include unauthorized fees.
• Goods/services not provided or defective: For sales or services disputes.
• Breach by plaintiff: The other side did not perform its obligations.
• Lack of standing: The plaintiff is not the true owner of the claim (common with debt buyers).
• Improper service/lack of personal jurisdiction: You were not served properly or the court lacks power over you.
• Bankruptcy discharge: The debt was discharged.
• Other: Space is usually provided to describe any other defense in your own words.

Use plain language. You do not need to cite statutes. Be truthful and concise. If you are unsure whether a defense applies, ask the clerk what the option means. The clerk can explain options but cannot give legal advice.

6) State any counterclaims.

• Decide if you have a counterclaim. Examples: money the plaintiff owes you, property damage the plaintiff caused, or breach of the same contract.
• Amount: List a specific dollar amount if you seek money. Make sure it is within the Civil Court’s monetary limits.
• Brief facts: State what happened in a sentence or two.
• Keep it focused: Only include claims connected to this dispute or the same parties. If unsure, you can file an Answer now and investigate counterclaims later. Adding new claims later requires court permission.

7) Request the relief you want.

• Dismissal: If your defenses justify it, ask for dismissal of the Complaint.
• Judgment on counterclaims: If you filed counterclaims, request judgment in your favor for the amount stated.
• Costs as allowed by law: You can ask for allowable costs if you prevail.
• Jury demand: If the form includes a jury demand option and you want a jury, follow the instructions. Jury demands have strict rules and fees. If the form does not include it, you may need a separate filing.

8) Review the accuracy of your Answer.

• Read everything before you sign. Check names, dates, the index number, and your defenses.
• Keep your statements clear and factual. Remove guesses and speculation.

9) Complete the verification.

• Sign in front of the clerk or notary. You will swear or affirm that your Answer is true to the best of your knowledge.
• Identification: Have ID ready if asked.
• The clerk or notary will complete the jurat (the section that states when and where you swore to the Answer). Do not sign before you arrive; you must sign in the presence of the authorized person.

10) File and serve.

• Filing: The clerk will file your Answer and stamp it with the date.
• Service: When you answer in person using this form, the clerk typically serves the Answer on the plaintiff or plaintiff’s attorney by mail. Confirm this at the counter.
• Receipt: Ask for a stamped copy or receipt for your records. Keep it with your Summons and Complaint.

11) After filing: what to expect.

• Notices: You will receive mail about the next steps. This may include a conference date, a notice about settlement parts, or discovery instructions.
• Discovery: Be ready to exchange documents and information. Keep all relevant records.
• Settlement: Many cases settle. Filing an Answer puts you in a stronger position to negotiate.
• Hearings: If you raised improper service, the court may schedule a hearing focused on the service issue. Attend it, and bring any evidence about where you lived, who could accept service, and how service occurred.

12) Practical tips to avoid problems.

• Do not miss your deadline. If the time is about to run out, go to the clerk and answer. You can refine your strategy later.
• Use your exact legal name and current address. Update the court if your contact information changes.
• Bring your papers. The clerk relies on your Summons and Complaint to capture the correct case number and party names.
• Keep it simple. You do not need long explanations. Check the defenses that fit and add brief facts as needed.

13) Special notes for businesses and representatives.

• Corporations and LLCs generally must appear through an attorney in this court’s General Civil Part. Do not use the in-person Answer process to represent a company unless the court confirms you may do so for your specific case type.
• If you are an authorized agent answering for someone else (for example, a guardian), bring the court order or proof of authority.

14) Language and accessibility.

• If you need an interpreter or accommodation, tell the clerk. The court provides language assistance and reasonable accommodations. This request is separate from the Answer and does not change your deadline to file.

15) Keep copies and track dates.

• Keep a copy of the filed Answer, the stamped receipt, and all notices you receive.
• Mark your calendar for any conferences or deadlines. Failure to appear can lead to sanctions or the case proceeding without your input.

Real-world example: You receive a Summons for a credit card debt from years ago. You believe it is too old to sue. You go to the Civil Court clerk in the county named on your papers. You fill out the CIV-GP-58, select a general denial, check statute of limitations and lack of standing, and add that you do not recognize the account. You sign the verification before the clerk, who files it and mails a copy to the plaintiff’s attorney. A few weeks later, you receive a notice of a conference. You attend, and the court sets a schedule to exchange documents. Because you preserved your defenses, you are positioned to seek dismissal if the plaintiff cannot prove timely filing or ownership of the debt.

Another example: You are sued for property damage from a minor collision. You believe the plaintiff was at fault, and you suffered damage to your car. You answer in person, deny negligence, and file a counterclaim for your repair costs within the court’s limit. You verify your Answer and counterclaim, and the case proceeds with both claims on the table.

Bottom line: the CIV-GP-58 lets you respond efficiently, on time, and under oath. Use it to preserve your defenses, avoid default, and move your case forward in the Civil Court of the City of New York.

Legal Terms You Might Encounter

• Answer: Your Answer is your written response to the Complaint. On this form, you admit, deny, or say you lack knowledge about what the plaintiff claims. You also state any defenses you want the court to consider. Filing an Answer prevents a default judgment against you.
• Verification: Verification is a sworn statement that your Answer is true. The verification at the end of this form must be signed in front of a notary public. When you verify, you confirm that the facts in your Answer are accurate to the best of your knowledge.
• Complaint: The Complaint is the document the plaintiff filed to start the case. It tells you what the plaintiff says you did and what they want from the court. You use that document to guide how you respond on this form.
• Summons: The Summons tells you that you’re being sued and gives you the deadline to respond. Bring the Summons when you fill out this form. Your deadline and case details come from it.
• Default Judgment: If you don’t file your Answer by the deadline, the plaintiff can ask for a default judgment. That means the court can rule against you without hearing your side. Using this form on time helps you avoid a default.
• Affirmative Defense: An affirmative defense gives the court a legal reason to dismiss or reduce the plaintiff’s claim even if the facts are as they say. Examples include payment, statute of limitations, or mistaken identity. This form gives you space to list these defenses.
• Counterclaim: A counterclaim is a claim you bring against the plaintiff in the same case. If you believe the plaintiff owes you money or caused you harm, you can describe it on this form. You’ll need to include the amount and a brief explanation.
• Service: Service means legally delivering court papers to the other side. The Summons and Complaint were served on you. After you use this form, you may need to serve your Answer or counterclaim on the plaintiff, depending on the court’s instructions. Keep proof of any service.
• Pro se: Pro se means you are representing yourself without a lawyer. This form is designed so you can answer in person, even if you are pro se. You still must follow court rules, sign correctly, and meet deadlines.
• Notary Public: A notary public verifies your identity and witnesses your signature on the verification. Bring government-issued ID when you sign the verification. Don’t sign the verification until the notary instructs you to do so.

FAQs

Do you need to appear in person to use this form?

You can complete this form when you go to the Civil Court clerk’s office to answer the case in person. If you plan to answer by another method, ask the clerk what options are available for your case. The Summons may also list accepted response methods.

Do you have to respond to every allegation in the Complaint?

Yes. Go through the Complaint paragraph by paragraph. For each point, say whether you admit it, deny it, or don’t have enough knowledge to answer. If you ignore an allegation, the court may treat it as admitted. Use the form’s space to make your position clear.

Do you need a notary for the verification?

Yes, if you are verifying your Answer. The verification section must be signed in front of a notary public. Bring photo ID, your completed but unsigned form, and be ready to swear or affirm that the contents are true. Don’t sign the verification ahead of time.

Do you include evidence with your Answer?

You usually don’t need to attach evidence at this stage. Use the form to state your defenses and counterclaims clearly. Gather your documents and bring them to court or to any later stage if the court instructs you to produce them. Keep your originals and make copies for the court and the other side.

Do you have to pay a fee to file the Answer or a counterclaim?

The court may charge fees, especially if you file a counterclaim or certain motions. Ask the clerk about current fees before you file. If you cannot afford fees, ask about fee waiver options and what proof of income or expenses you need to provide.

Do you need to serve your Answer on the plaintiff?

Procedures vary. Sometimes the court will mail a copy of your Answer to the plaintiff; in other situations, you must do it. Confirm with the clerk when you file. If you must serve it yourself, follow the method the clerk describes and keep proof of service.

Do you get a court date after filing this form?

In many cases, the court provides a return date or a first appearance date after you answer. Check with the clerk before you leave. If you receive the date later by mail, note it and plan to appear. Missing that date can lead to orders against you.

Can you change your Answer later?

It’s often possible to amend an Answer, especially if you act quickly and follow the court’s rules. If you discover new facts or forgot a defense, ask the clerk about the process to amend. Be aware that added counterclaims or changes may come with deadlines or fees.

Checklist: Before, During, and After the CIV-GP-58 – Answer In Person and Verification

Before signing

• Bring your Summons and Complaint. You need the case caption, index number, and the allegations to respond to.
• Note the date you were served and how you were served. You may need this to raise service issues.
• List your defenses. Think about payment, mistaken identity, wrong amount, statute of limitations, or any other legal reasons the claim is wrong or reduced.
• Decide on any counterclaims. If the plaintiff owes you money or caused you damage, note the amount and a short explanation.
• Gather basic documents. Invoices, receipts, contracts, emails, or photos that support your defenses or counterclaims. You don’t have to file them now, but have them ready.
• Confirm your current mailing address, email, and phone. The court and the plaintiff will use these to contact you.
• Bring government-issued photo ID. You’ll need it for the notarization of the verification.
• Ask about fees and fee waivers. If you need a fee waiver, bring proof of income, benefits, or financial hardship.

During signing

• Confirm the case caption. Check that your name, the plaintiff’s name, the court part, and the index or docket number match the Summons and Complaint exactly.
• Review every allegation. For each numbered paragraph in the Complaint, mark admit, deny, or lack knowledge. Be consistent and specific.
• Write your defenses clearly. Use plain language. Don’t leave the defense’s line blank if you have any.
• Add counterclaims, if any. State the amount and why the plaintiff owes you. Keep it short and factual.
• Check dates and signatures. Date the Answer and print your name clearly.
• Complete the verification in front of a notary. Don’t sign until the notary instructs you. Show your ID and swear or affirm the truthfulness.
• Verify your contact information. Make sure your mailing address and any other contact details are correct and legible.
• Ask the clerk about service. Confirm whether the court will mail a copy, or if you need to serve the plaintiff, and how to prove it.

After signing

• File the form with the Civil Court clerk. Obtain a stamped copy or receipt showing the filing date.
• Serve the plaintiff if required. Follow the method described by the clerk. Keep a copy of your proof of service.
• Calendar your court date. Write down any appointment dates or deadlines the clerk gives you. Plan to arrive early with your documents.
• Organize your file. Keep a clean copy of your Answer, stamped filing page, verification, proof of service, and all related papers.
• Monitor your mail. Watch for notices from the court or the plaintiff’s attorney. Respond by the stated deadlines.
• Prepare for settlement or mediation. Outline what you want to resolve the case and what documents support your position.
• Update your address if you move. Notify the court and the plaintiff in writing so you don’t miss notices.

Common Mistakes to Avoid

Leaving the verification unsigned or unnotarized:

• Don’t forget the verification. If you verify your Answer, you must sign it in front of a notary. An unverified Answer when a verification is required can be rejected or challenged.

Missing the response deadline:

• Don’t wait. If you file after the deadline on your Summons, the plaintiff may seek a default judgment. File as soon as you can, and ask the clerk about your options if you are close to the deadline.

Failing to address each allegation:

• Don’t skip paragraphs. If you don’t respond to a specific allegation, the court may treat it as admitted. Go line by line and mark your response to each one.

Omitting key defenses or counterclaims:

• Don’t hold back important points. Some defenses must be raised early, or you may waive them. List all defenses you know now. If you later find new information, ask about amending.

Using vague or emotional statements:

• Don’t rely on general claims like “This is unfair.” Be specific and factual: what’s wrong with the amount, whether you paid, why you are not the right person, or how the timeline defeats the claim.

What to Do After Filling Out the Form

File the Answer and verification with the Civil Court clerk:

• Bring your completed form to the clerk’s office. Ask for a stamped copy for your records. Confirm whether the court will mail your Answer to the plaintiff or if you must do it.

Serve the plaintiff if required:

• If you must serve it yourself, ask the clerk about acceptable methods and deadlines. Use a method the court accepts, and get proof of service. Keep copies of everything you send.

Track your court date and deadlines:

• Write down your first appearance date or return date. Set reminders for any other deadlines, including time to exchange documents, respond to discovery, or file motions if they arise.

Prepare your documents:

• Organize receipts, contracts, communications, photos, and witness information that support your defenses or counterclaims. Make a simple outline of the key points you’ll explain to the judge.

Consider settlement options:

• Decide what resolution you can accept. Settlement may include payment plans, reduced amounts, or dismissal of certain claims. Bring your budget and supporting records to any discussions.

Update the court on changes:

• If your address, phone, or email changes, notify the court and the plaintiff in writing. This ensures you receive notices and avoid missed appearances.

Request accommodations if needed:

• If you need language assistance or other accommodations, contact the court as early as possible to arrange support for your appearance.

Amend if necessary:

• If you discover a new defense or a mistake in your filed Answer, ask the clerk how to amend. Act quickly, and be prepared to serve the amended Answer on the plaintiff if required.

Keep a complete file:

• Maintain a folder with your filed Answer, verification, proof of service, court notices, settlement letters, and notes from any calls or meetings. Bring this file to every court appearance.

Prepare for your appearance:

• Plan transportation, time off work, and child care as needed. Arrive early with identification and your documents. Check in with the clerk when you get to the courtroom.

Stay professional and concise:

• When you appear, speak directly to the judge, answer questions clearly, and refer to your documents. Focus on the facts and your defenses. If you don’t understand a question, ask for clarification.

Follow court orders promptly:

• If the judge orders you to exchange documents, attend mediation, or return on another date, write down the requirements and complete them on time. Keep proof of everything you did.