CIV-GP-58B – Written Answer Consumer Credit Transaction

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

What is a CIV-GP-58B – Written Answer Consumer Credit Transaction?

This is the Civil Court of the City of New York’s official written answer form for consumer credit cases. You use it to respond in writing after you receive a summons and complaint in a consumer credit transaction case. It is tailored for lawsuits about personal credit, like credit cards or store cards. It also covers personal loans for household purposes and similar debts. The focus is on debts used for personal, family, or household needs. It does not cover business credit or commercial lending.

You complete this form when a creditor or debt buyer sues you in the Civil Court of the City of New York. The plaintiff might be the original lender. The plaintiff might also be a company that bought the debt. The form lets you admit or deny the claims. It also lets you assert defenses and any counterclaims. It is the way you tell the court your side in writing.

Who typically uses this form?

People sued over credit card debt or similar accounts that they used. This includes suits by banks, retailers, finance companies, and debt buyers. You might use it if a store card balance went unpaid. You might use it after a personal loan default. You might use it after a car was repossessed and the lender seeks a deficiency balance. You also use it if you never opened the account but got sued anyway.

Why would you need this form?

Because you need to respond on time to avoid a default judgment, a default judgment can lead to wage garnishment or bank restraints. Filing this form protects your rights. It tells the court your position. It preserves defenses like mistaken identity or statute of limitations. It also signals that you intend to contest the case or seek a fair resolution.

Typical usage scenarios

You receive a summons and complaint at home. The papers claim you owe a balance on a credit card. The plaintiff is a debt buyer you do not recognize. You suspect the amount is wrong. You also think the last payment was many years ago. You complete CIV-GP-58B to deny the claim and assert defenses. You may ask for dismissal. You then serve the plaintiff and file with the court. The court schedules the case for the next step.

This form belongs to the Civil Court of the City of New York. Use it only if your case is filed in that court. If your case is in a different court, use that court’s answer process. If your case is in Small Claims or Commercial Claims, this is not your form. If your case is in Supreme Court, this is not your form. Always check the caption on your summons to confirm the court.

When Would You Use a CIV-GP-58B – Written Answer Consumer Credit Transaction?

Use this form when you have been sued in the Civil Court of the City of New York for a consumer credit transaction. The plaintiff is likely a bank, retailer, lender, or debt buyer. The complaint seeks money damages for an unpaid consumer debt. You use this form to file your answer by mail, in person, or by other allowed methods. You may also use it if you cannot appear in person to answer orally at the clerk’s office.

Here are common situations. You get sued on a credit card opened for personal use. The balance includes interest and late fees you do not agree with. You also think the original lender sold the account years ago. You use the form to deny the amount and request proof. You assert that the plaintiff needs to show ownership of the debt. You assert that the fees are not authorized by the contract.

You might get sued by a debt buyer you do not know. You never received notice of any assignment. You have not had the card for years. You use the form to raise the statute of limitations defense. New York now has a shorter time limit to sue on many consumer debts. If more than three years have passed since the default or the last payment, you may have a strong defense. You flag that in your answer.

Another example is mistaken identity or identity theft. You open the summons and see a card you never had. The address history on the complaint is wrong. The last four digits of the account do not match anything you know. You use the form to clearly state you did not open the account and you dispute the debt. You ask the plaintiff to produce account-level documentation and application records.

If you paid or settled the debt, use the form to raise payment or settlement as a defense. Attach a copy of any release or settlement letter if you have it. If the plaintiff sues in the wrong county, note improper venue. You should be sued where you live, or where the transaction took place. If you are on active military duty, you may have additional protections. Mention that in your answer if it applies to you.

This form is designed for consumers. Tenants sometimes use it if the landlord’s claim is for unpaid personal utility or a financed charge that is a consumer credit. But ordinary rent cases are not consumer credit cases. Landlords and business owners generally do not use this form. Businesses use different pleadings and are not “consumers” under this category. Keep your use to personal, household credit disputes in Civil Court.

Legal Characteristics of the CIV-GP-58B – Written Answer Consumer Credit Transaction

Your written answer is a formal court filing. It is legally binding once you sign and serve it. It becomes part of the case record. It tells the court what you admit, what you deny, and what defenses you preserve. It also informs the plaintiff of your position. The court uses it to set the path of the case. A proper answer prevents a default judgment so long as it is timely and properly served.

What ensures enforceability?

First, timing matters. You must serve your answer within the deadline. If you were served by personal delivery in New York, the deadline is usually 20 days after service. If you were served by another approved method, it is usually 30 days after service is complete. Some Civil Court summonses have a return date to appear and answer by that date. Read your summons carefully. When in doubt, answer early. Do not wait.

Second, you must serve the plaintiff or the plaintiff’s attorney. Service is usually by first-class mail by a non-party adult. The person who mails it completes an affidavit of service. Keep that affidavit. File your answer with the court if required, along with proof of service. Filing practices can vary by borough or clerk procedure. Make sure the court has a copy so your appearance is recorded.

Third, your answer must meet content rules. It must identify the parties and the case index number. It should respond to the complaint, either generally or paragraph by paragraph. This form lets you deny the claim in plain language. It also lists common defenses. Only select defenses that fit your facts. If the complaint is verified, your answer should be verified as well. The verification is a sworn statement. You sign it before a notary.

Your answer preserves affirmative defenses. These are legal reasons the plaintiff should not win, even if some facts are true. Examples include identity theft, payment, release, bankruptcy discharge, wrong plaintiff, lack of standing, improper venue, improper service, or statute of limitations. Many consumer credit complaints must include specific documents. If the plaintiff failed to attach the required documents, you can raise that. You can also assert “failure to state a claim” if the allegations do not support judgment.

New York law now imposes stricter pleading and documentation rules on many consumer credit cases. Debt buyers often must show the chain of title and account records. They may need to provide a charge-off statement and contract terms. Your answer can request those items. Your answer can also point out missing attachments. If the plaintiff cannot produce the required proof, the case may be dismissed or discontinued.

You may assert counterclaims if you have them. Only do this if you can state clear facts and damages. Common counterclaims include unfair or deceptive practices or credit reporting harm linked to the suit. Keep the counterclaim brief and factual. If you are unsure, you can answer without counterclaims and add them later with permission. If you demand a jury trial, follow the rules and pay the fee when due.

A proper answer does not admit what you intend to dispute. Avoid statements like “I owe something, but not this amount.” Instead, deny and state the amount is not accurate if that is true. You can still negotiate later. Your answer sets your legal posture. Be clear and concise. Attach supporting documents only when helpful and accurate. Keep originals for your records.

How to Fill Out a CIV-GP-58B – Written Answer Consumer Credit Transaction

Follow these steps from start to finish. Have your summons and complaint in front of you.

1) Confirm the court and case details.

• Check that your case is in the Civil Court of the City of New York.
• Note the borough: Bronx, Kings, New York, Queens, or Richmond.
• Find the index number on the summons. Copy it exactly.
• Note the plaintiff’s attorney’s name and address from the summons.

2) Complete the caption exactly as it appears.

• Write the plaintiff’s name exactly as printed.
• Write your name exactly as printed on the summons.
• If your name is misspelled, keep the caption as is. Raise misidentification in your defenses.
• Include the index number and the court location.

3) Provide your contact information.

• Write your current mailing address.
• Add your phone and email if you want to receive updates. This is optional.
• If you need a language interpreter later, you can request that at the courthouse.

4) Choose how you will respond to the complaint.

• If you deny the claim, check the general denial box.
• If the complaint is verified, consider responding paragraph by paragraph. Use the space given.
• You can admit certain facts and deny the rest if that is accurate.

5) Select your defenses that apply.

• Only choose defenses supported by your facts. Do not over-select.
• Typical defenses on this form include the following themes:
• You do not owe the debt, or the amount is wrong.
• The plaintiff is not the right party. No proof of assignment.
• You never had the account. Possible identity theft or mistaken identity.
• The debt was paid or settled. You have proof or receipts.
• The debt was discharged in bankruptcy. Give the case year if known.
• The statute of limitations has expired. Last payment was over three years ago.
• You were not served properly. You did not receive the summons in a valid way.
• The venue is improper. You do not live or have ties to this county.
• The complaint lacks the required documents. No contract, charge-off, or account statements.
• Fees or interest are not authorized by the agreement or law.
• If the form has an “other defenses” box, write concise statements. Use one defense per line.

6) Add brief facts to support your selections.

• Use plain language. Keep each point short.
• Examples:
• “I never opened this account. The address history is not mine.”
• “The last payment was more than three years ago.”
• “I paid the balance in full on [date].”
• “Plaintiff has not shown it owns this debt.”
• “The amount includes unauthorized fees and interest.”
• Attach copies of key documents if helpful. Label them clearly. Do not send originals.

7) Consider whether to include counterclaims.

• Only include a counterclaim if you can state facts and damages.
• If you choose to add one, state:
• What the plaintiff did.
• How it harmed you.
• The dollar amount you seek, if known.
• Keep it brief. You can seek court permission to amend later if needed.

8) Request any permitted demands or relief.

• Ask for dismissal of the complaint if appropriate.
• Ask for costs and fees if allowed. The court decides if they are awarded.
• If the form offers a jury demand, check it only if you want a jury. Be aware of any jury fees later.

9) Address verification if required.

• Look at the complaint. If the complaint is verified, your answer should be verified.
• The verification requires a notary public. Do not sign until you are in front of the notary.
• Bring photo ID to the notary. Sign and date in the notary’s presence.
• If the complaint is not verified, your verification is usually not required.

10) Review for accuracy and consistency.

• Make sure names, index numbers, and addresses match the summons.
• Check that your defenses align with your facts.
• Confirm that your signature and date are present.
• Keep the tone factual and clear.

11) Prepare for service on the plaintiff.

• Make at least two copies of the signed answer. Keep one for your records.
• A person over 18 who is not a party should mail a copy to the plaintiff’s attorney.
• First-class mail is commonly acceptable for serving an answer.
• Your server completes an affidavit of service. It states who mailed it, when, and to whom.

12) File with the court.

• File the original answer and the affidavit of service with the Civil Court clerk.
• If you filed first at the clerk’s office, confirm whether the clerk will mail the answer.
• If the clerk does not mail it, ensure your server mails it as described.
• Ask the clerk for a stamped copy for your records.

13) Calendar the next steps.

• The court will set a date for a conference or appearance.
• You will receive a notice by mail or at the time of filing.
• Attend all court dates. Bring copies of your answer and supporting documents.

14) Organize your supporting documents now.

• Keep statements, contracts, settlement letters, and payment records in a folder.
• If identity theft is involved, gather any police reports or credit bureau dispute records.
• For the statute of limitations, locate documents showing your last payment date.

15) Continue to protect your rights after filing.

• Do not speak to the plaintiff about the case without preparation.
• If you discuss settlement, write “for settlement purposes” on communications.
• Do not agree to anything that contradicts your defenses unless it resolves the case on terms you accept.
• If you move, update your address with the court and the plaintiff’s attorney.

Practical tips help you avoid common mistakes. Answer on time. Serve properly. Keep your statements short and truthful. Do not attach sensitive full account numbers. Redact as needed. Bring the form and your proof to every appearance. If you later find new facts, you can seek permission to amend your answer. The court often allows amendments in the interests of justice.

Use this form to protect your position from day one. You are telling the court that you dispute the claim, that you want proof, and that you want a fair hearing. A complete and timely answer helps you avoid default and opens the door to dismissal, settlement, or trial.

Legal Terms You Might Encounter

• Plaintiff. This is the party that sued you. In consumer credit cases, it may be a bank, a credit card company, or a debt buyer. On CIV-GP-58B, you list the plaintiff’s name as it appears on the Summons and Complaint. You also refer to the plaintiff when you deny allegations or request dismissal.
• Defendant. That’s you, the person being sued. On CIV-GP-58B, you confirm your contact information and case details so the court and the plaintiff can reach you. You sign the form to confirm your statements are true.
• Summons and Complaint. These documents start the case. The Summons tells you where and when to respond. The Complaint lists the plaintiff’s claims. On CIV-GP-58B, you respond to the Complaint by admitting, denying, or stating you lack knowledge. Keep the Summons and Complaint handy while you complete the form.
• Consumer credit transaction. This case type involves personal, family, or household credit. Examples include credit cards, retail installment contracts, and personal loans. CIV-GP-58B is tailored for this case category. The defenses on the form match common issues in consumer credit suits.
• Affidavit of service. This is a sworn statement that shows how you were served. It confirms when, where, and how the papers reached you. On CIV-GP-58B, your deadline to answer depends on the service date. You use the service date from the affidavit to calculate your timeline.
• Affirmative defense. A defense gives a legal reason to reduce or defeat the claim, even if some facts are true. Examples include mistaken identity, improper service, or expired time limits. CIV-GP-58B lists common defenses with checkboxes. You should select every defense that fits your facts.
• Counterclaim. This is your claim against the plaintiff. It must relate to the same transaction or be allowed by the court rules. CIV-GP-58B gives space for a counterclaim. You explain what you seek, such as money damages or other relief.
• Default judgment. If you do not answer on time, the plaintiff can ask the court for a judgment without a hearing. That is a default judgment. Using CIV-GP-58B on time helps you avoid default. If the default already happened, different steps apply, not this form.
• Assignment. Many credit debts are sold to debt buyers. An assignment transfers the account from the original creditor to another company. On CIV-GP-58B, you can raise a defense that the plaintiff lacks proof of assignment. That challenges whether the plaintiff owns the debt.
• Statute of limitations. This is the time limit to sue. If the time has expired, you can ask the court to dismiss the case. CIV-GP-58B includes a defense for expired limits. You do not need to prove it on the form. You assert it to preserve the issue for the court.
• Verification. Some Complaints are verified, meaning signed under oath. If the Complaint is verified, your Answer might also need verification. CIV-GP-58B has a signature section under penalty of perjury. Fill it fully and sign clearly.
• Venue. The venue is the location of the court. The proper venue is tied to where you live or where the case arose. On CIV-GP-58B, you can raise improper venue as a defense if the case was filed in the wrong county or borough.
• Account stated. A common claim in credit cases is an “account stated.” The plaintiff argues you did not object to the statements. On CIV-GP-58B, you can deny this claim and request proof, like statements or a ledger.

FAQs

Do you have to use CIV-GP-58B, or can you write your own Answer?

You can file an Answer in various formats. CIV-GP-58B is the court’s Answer form for consumer credit cases in this court. Using it keeps your defenses organized and complete. It also helps the clerk process your Answer quickly. If you write your own, the court still expects the same information: case details, admissions or denials, defenses, counterclaims, and your signature.

Do you need to list every defense on CIV-GP-58B now?

Yes, list each defense that may apply. You protect your rights by asserting defenses early. CIV-GP-58B includes common defenses for consumer credit suits. Check all that fit your facts. If you are unsure, you can select a defense and provide a short explanation. You can later refine it as the case develops, subject to court rules.

Do you admit part of the debt or deny everything?

You choose what matches your records. If you admit a small part, you can do that. If you lack enough information, you can deny or state you do not know. On CIV-GP-58B, make sure your admissions and denials track the Complaint’s numbered paragraphs. If the Complaint is vague, a general denial may be appropriate. Be honest and consistent.

Do you need to attach documents to CIV-GP-58B?

You usually do not need attachments to file your Answer. The form is enough to respond. You can attach documents to support a counterclaim or a specific defense, but it is not required at this stage. Keep your records ready. You may need them for court or discovery. If you attach documents, remove full account numbers and other sensitive data.

Do you have to serve the plaintiff after filing CIV-GP-58B?

Yes. After filing your Answer with the court, you must send a copy to the plaintiff or the plaintiff’s attorney. Use a reliable method you can track. Complete proof of service as required. Keep evidence of mailing or delivery with your case file. The court needs to know the plaintiff received your Answer.

Do you have to appear in court after filing?

Most consumer credit cases will have a court date. The court may schedule a conference or a hearing. Watch your mail and the case calendar. Your Answer does not end the case. It starts the process. Be ready to discuss settlement, documents, and next steps at the first appearance.

Can you change or amend CIV-GP-58B later?

Sometimes yes. You may ask the court to amend your Answer. Reasons include new facts, new documents, or a correction. Do this as soon as possible. The court decides whether to allow amendments. If both sides agree, it may be easier. Filing early with complete defenses reduces the need for later changes.

What if you missed the deadline to answer?

Act fast. You can still complete CIV-GP-58B and bring it to court. Ask the clerk what options exist. You may need to request permission to file late. If a default judgment happened, you may need to ask to vacate the default. Deadlines are strict. The sooner you act, the better your chances.

Checklist: Before, During, and After the CIV-GP-58B – Written Answer Consumer Credit Transaction

Before signing: Information/documents you need

• Summons and Complaint. Use them to confirm names, the case number, and allegations.
• Affidavit of service or envelope date. You need the service date to confirm your deadline.
• Plaintiff’s name and contact details. If an attorney represents the plaintiff, note the firm’s details.
• Your address, phone, and email. Update them if you recently moved.
• Account information. Gather the last four digits of the account and statements if available.
• Original creditor details. Note if a debt buyer is suing, and who they say assigned the debt.
• Payment records. Collect bank statements, receipts, and settlement letters.
• Correspondence. Keep letters, emails, or recorded calls about the debt.
• Credit reports. Check whether the account appears and whether facts match.
• Any contracts or cardmember agreements. Use these to check interest, fees, and arbitration clauses.
• Timeline of events. Note when you opened the account, stopped payments, and last paid.

During signing: Sections to verify

• Court and case number. Copy them exactly from the Summons.
• Parties’ names. Confirm spelling, suffixes, and any “a/k/a” identifiers.
• Service facts. Confirm when and how you received the papers.
• Admissions/denials. Match the Complaint’s numbered paragraphs if your form requires it.
• Affirmative defenses. Check all that apply, including lack of standing, improper service, or time-barred claims.
• Counterclaims. State the facts and the relief you seek, if any.
• Damages or setoff. If you claim money back or a credit, state the amount and basis.
• Signature and date. Sign under penalty of perjury where indicated.
• Your contact info. Ensure the court and the other side can reach you.
• Interpreter or accommodation needs. Note any need for language or disability assistance, if space allows.

After signing: Filing, notifying, storing instructions

• Make copies. Keep at least two: one for you and one for service.
• File with the court. Submit the signed CIV-GP-58B to the clerk for this case.
• Get proof of filing. Ask for a date-stamped copy or receipt.
• Serve the plaintiff. Send a copy to the plaintiff or the plaintiff’s attorney by an accepted method.
• Keep proof of service. Save mail receipts or delivery confirmations.
• Calendar deadlines. Note the next court date and any discovery timelines.
• Prepare your documents. Sort statements, contracts, and letters for easy access.
• Monitor mail. Watch for court notices, conference dates, or motions.
• Update your address. Tell the court and the plaintiff if your address changes.
• Store your file. Keep everything together, including notes of phone calls and payments.

Common Mistakes to Avoid CIV-GP-58B – Written Answer Consumer Credit Transaction

• Missing the Answer deadline. Don’t wait. Your time to respond is short. If you miss it, the plaintiff may seek a default judgment. That can lead to wage garnishment or bank restraints. File your CIV-GP-58B as soon as you can.
• Admitting facts you don’t intend to admit. Read each claim. If you are unsure, deny or state you lack knowledge. An unintended admission can limit your options later. It can make dismissal or settlement harder.
• Failing to assert affirmative defenses. Use the defenses on the form. Check all that may apply, like lack of standing or expired time limits. If you skip a defense, you may waive it. That can weaken your position at court.
• Leaving the counterclaim blank when you have one. If you suffered harm related to the account, consider stating a counterclaim. Examples include incorrect charges or unauthorized fees. If you omit it, you may lose leverage. You may also lose the chance to recover damages.
• Not serving the plaintiff after filing. Filing alone is not enough. You must serve your Answer on the other side. If you fail to serve, the court may ignore your Answer. The plaintiff may still seek default.
• Using sensitive data without redaction. Do not list full Social Security or full account numbers; if you must include a number, limit it to the last four. Unredacted data risks identity theft and privacy issues.

What to Do After Filling Out the Form CIV-GP-58B – Written Answer Consumer Credit Transaction

1. File your Answer with the court. Bring or submit the signed CIV-GP-58B to the clerk where the case is pending. Ask for a stamped copy or receipt for your records. Confirm that your case number matches the Summons.
2. Serve the plaintiff or the plaintiff’s attorney. Send a copy of your filed Answer to the other side. Use a method the court accepts and that you can track. Keep the receipt or tracking number with your file. If you complete a proof of service, keep it too.
3. Organize your evidence. Sort statements, contracts, letters, and payment records by date. Create a simple index. Mark, which documents support each defense? For example, use past statements to dispute the amount claimed.
4. Prepare for the first court date. Expect a conference or a hearing. Bring your stamped Answer, your notes, and key documents. Plan what you want from the case: dismissal, a payment plan, document proof, or another outcome. Stay flexible but clear.
5. Watch for discovery requests. After your Answer, the plaintiff may ask for documents or information. Respond by the deadline. If you need more time, act early. Keep a log of what you sent and when.
6. Track motions and deadlines. You may receive a motion for summary judgment or other requests. Read each paper carefully. Mark the return date and any response date. Keep copies of your responses and mailing receipts.
7. Consider settlement only with written terms. If you reach an agreement, get it in writing. Check the total amount, payment plan, interest, and judgment status. Keep a copy of the signed agreement. Follow the payment schedule exactly.
8. Update your contact information. If you move, notify the court and the plaintiff in writing. Keep proof of the notice. Missing a notice can lead to orders without your input.
9. Ask about amending your Answer if facts change. If you find new documents or realize a defense applies, ask the court about amending. Do this promptly. The court decides whether to allow changes.
10. Maintain a complete case file. Keep your CIV-GP-58B, proof of filing, proof of service, mail from the court, and all documents. Keep a call log with dates, names, and notes. This record helps you explain your case clearly.
11. If a default judgment is entered, act quickly. If you missed a date and a default occurred, ask the clerk what steps exist to seek relief. Different forms and motions apply. Time is critical. Move quickly.
12. If the case is discontinued or settled, confirm closure. Ask for a notice of discontinuance or a filed stipulation. Keep a copy. If a judgment is vacated, keep the order. Confirm that credit reporting reflects the outcome, if relevant.