CIV-GP-58C – Oral Answer Action for Money Only

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

What is a CIV-GP-58C – Oral Answer Action for Money Only?

This is the Civil Court of the City of New York’s oral answer form for a money case. The case is “for money only.” That means the plaintiff asks for dollars, not property, eviction, or a court order. The form captures your defenses and any counterclaims. You give those answers verbally to the clerk. The clerk writes them on this form and files it.

You use this form to stop a default judgment. It tells the court and the plaintiff you plan to defend the case. It also preserves key defenses that you could lose if you stay silent. You can add a counterclaim if you want the court to award you money.

Self-represented defendants use this form most often. If you hired a lawyer, they usually file a written answer. If you prefer to handle the first step yourself, you can speak to the clerk and give an oral answer. The clerk will ask you questions. Your responses become your official answer.

You would need this form if you received a summons and complaint in Civil Court. The case must be in the Civil Court of the City of New York. The plaintiff seeks money damages. Common examples are credit card debt, medical bills, broken contracts, property damage, or unpaid services. Landlords sometimes sue only for unpaid rent in Civil Court, separate from eviction cases. That is also a money-only case.

This form helps you meet your deadline. Your summons tells you when to answer. It is usually 20 days if you were personally served in New York. It is usually 30 days if the service was provided by another method. Do not wait. Filing an oral answer is fast and simple. It can take less than 30 minutes at the clerk’s office once you reach the window.

Typical Usage Scenarios

A debt buyer sues you on a credit card account. You never had that account. You use the oral answer to deny the claim and raise the issue of identity theft. Or, a contractor sues your small business for unpaid invoices. You dispute the quality of work and claim a setoff. You use the oral answer to assert breach and a counterclaim. Or, a landlord sues for rent in a separate money case. You paid part already, and the amount is wrong. You use the oral answer to say you paid and ask for credit.

Your oral answer becomes a filed pleading. The court will send a copy to the plaintiff, or direct you to do so. The court will then set the case on a calendar. You will receive a date for the next step, such as a conference or trial. Answering protects your right to be heard.

When Would You Use a CIV-GP-58C – Oral Answer Action for Money Only?

Use this form as soon as you get served with a summons and complaint in Civil Court. The complaint asks for money only. You either cannot or do not want to draft a written answer. You go to the clerk and give your answer orally. The clerk records it on the form.

You also use it if you need to preserve a defense right away. Some defenses are lost if not stated in your first response. Lack of personal jurisdiction due to bad service is one example. If you think the service was improper, say so in your oral answer. The clerk will include that defense. You can later ask the court to dismiss the case on that ground.

Tenants sometimes use this in a separate civil case for unpaid rent. This is not a Housing Court eviction case. It is a money claim for rent only. You can assert defenses like payment, wrong amount, or breach of the warranty of habitability. You can also add a counterclaim for overcharges or damages if you have one.

Consumers often use this when sued on a credit card or a personal loan. You can deny the debt. You can dispute the amount. You can raise the statute of limitations if the claim is too old. You can raise identity theft. You can say the plaintiff lacks proof or is not the right party. You can ask for dismissal if the wrong person was sued.

Small business owners use this when sued over invoices or services. You can assert that the work was defective. You can claim the goods were never delivered. You can raise an offset for rework or cover costs. You can counterclaim for the loss the plaintiff caused you.

Car accident property damage claims also fit. The plaintiff wants money for the damage. You can dispute fault or the amount. You can assert that your insurer already paid. You can claim you were not the driver or owner.

Use the form if you want to negotiate, but also protect yourself. Filing an answer does not prevent settlement. It gives you leverage and time. It stops a default judgment while you talk about payment options or a dismissal.

Legal Characteristics of the CIV-GP-58C – Oral Answer Action for Money Only

Your oral answer is a pleading. It is part of the official court record. The court accepts it in place of a written answer for self-represented defendants. It is legally binding because it is filed with the court. It states your positions in the case.

Enforceability comes from court rules and procedure. Once accepted, your oral answer prevents a default judgment. It joins the issue between you and the plaintiff. It triggers the normal case process. The parties can exchange documents. The court can hold conferences. The case can go to trial if it does not settle.

Your oral answer preserves defenses. Some defenses can be waived if not raised at the start. This includes a lack of personal jurisdiction due to improper service. It also includes some contract defenses and arbitration agreements. If you think a defense might apply, include it. You can always narrow your defenses later.

You can assert counterclaims if they fit the court’s money limits. The Civil Court can award up to a set dollar limit in general civil cases. Check your claimed amount before you add a counterclaim. If your claim is larger, you may file a separate action in a court with higher limits. You can still use your counterclaim facts as a setoff in Civil Court.

Your oral answer does not need long legal language. You can use plain words. The clerk will write your defenses and claims in brief phrases. Focus on accuracy and clarity. State what happened, what you dispute, and why.

If the complaint you received is verified, the clerk still accepts an oral answer. You do not need a notary for an oral answer. If you later amend your answer in writing, special rules may apply. You can usually amend once early in the case. If you need to change your answer later, ask the court for permission.

Raising “bad service” is delicate. Say it clearly if it’s true. Do not give up that defense by ignoring it. The court may schedule a hearing to test service. That is called a traverse hearing. Bring any proof about how you were served. The judge will decide if service was valid.

Your answer can also include a jury demand. In money cases, you may request a jury. There are fees and timing rules. If you want a jury, tell the clerk. If you are not sure, ask the clerk to include the demand. You can decide on fees later, within the allowed time.

Finally, remember deadlines. Your time to answer runs fast. If you miss it, the plaintiff can seek default. Filing your oral answer on time protects you. It keeps your defenses alive.

4. How to Fill Out a CIV-GP-58C – Oral Answer Action for Money Only

Follow these steps. Bring your papers and stay focused. Use plain words. Keep your sentences short. The clerk will help capture your statements.

1) Gather your documents.

• Bring the summons and complaint.
• Bring the affidavit of service if you have it.
• Bring contracts, bills, photos, or statements that support your defenses.
• Bring proof of payments, emails, or texts.
• Bring your ID. It helps the clerk confirm your name.

2) Confirm the court and case details.

• Check that the case is in the Civil Court of the City of New York.
• Note the county (borough): Bronx, Kings, New York, Queens, or Richmond.
• Find the Index Number on your summons. It is required.
• Note the plaintiff’s name and the exact case caption. Copy it as shown.

3) Go to the clerk and ask to file an oral answer.

• Tell the clerk you want to file an oral answer in an action for money only.
• The clerk will pull up your case using your Index Number.
• If you do not have the Index Number, provide your name and the plaintiff’s name.
• The clerk will open the CIV-GP-58C form and begin filling it in.

4) Confirm your identity and contact information.

• Spell your full legal name as it appears in the summons.
• Provide your mailing address. This is where the court will send notices.
• Give a phone number and an email if you have one.
• Tell the clerk if you need an interpreter. State your language.
• Tell the clerk if you need disability accommodations.

5) State your response to the claim.

• Tell the clerk if you admit, deny, or lack knowledge of the claim.
• If you deny, say you dispute owing the money or the amount.
• If the amount is wrong, say why and by how much.
• If you already paid part or all, say when and how you paid.

6) Select and state your defenses.

• The form includes common defenses. The clerk can check boxes.
• Use the ones that fit your case. Do not guess. Tell the truth.
• Typical defenses include:
• I do not owe this debt.
• The amount is wrong. Credit my payments or returns.
• Goods were not delivered. Services were defective or incomplete.
• I never had this account. This may be identity theft.
• The plaintiff is not the right party. They lack proof of ownership.
• I was not served properly. I learned of the case another way.
• The claim is too old. The statute of limitations has expired.
• I am protected by a bankruptcy discharge.
• There is a binding arbitration agreement.
• I signed under duress, or there was fraud.
• Give brief facts for each defense you raise. Keep it short and clear.

7) Preserve the “improper service” defense if it applies.

• If the service was bad, say exactly why.
• Examples: The papers were left at the wrong address. No one mailed a copy after a drop-off. You never lived at that address.
• Ask the clerk to include “lack of personal jurisdiction due to improper service.”

8) Add a counterclaim if you have one.

• You can ask the court to award you money.
• State the reason in one or two sentences.
• State the amount of money you seek.
• Keep your claim within the Civil Court’s monetary limit.
• Examples:
• Chargeback for defective work.
• Refund for goods never delivered.
• Damages caused by the plaintiff’s breach.
• Overcharges or illegal fees.
• If unsure, you can skip a counterclaim now. You can seek to amend later.

9) Consider a jury demand.

• Tell the clerk if you want a jury trial.
• The clerk can note “jury demand” on your answer.
• You may need to pay a fee by the deadline.
• If you are unsure, ask the clerk to include the demand now.

10) Review what the clerk typed.

• The clerk will read back your answers.
• Correct any errors right away.
• Make sure your defenses and counterclaims are included.
• Confirm your contact information is correct.

11) Sign and date the form.

• You sign the form in the space for the defendant.
• Print your name clearly under your signature.
• Dating the form matters. It proves you answered on time.
• You do not need a notary for the oral answer.

12) Confirm service on the plaintiff.

• Ask the clerk how the answer will be served.
• In many cases, the clerk mails a copy to the plaintiff or their lawyer.
• Make sure the plaintiff’s address on file is correct.
• If you must mail it yourself, do it today. Use first-class mail. Keep a proof of mailing.

13) Get your receipt or stamped copy.

• Ask for a stamped copy of your oral answer or a receipt.
• Keep it in a safe place with your case papers.
• Write down your next court date if provided.

14) Mark your calendar for the next step.

• The court may give you a date right away.
• If not, watch your mail for a notice of the next date.
• Plan to attend all court dates. Bring your documents.
• If you cannot attend, request an adjournment in advance.

15) Prepare for settlement or trial.

• Use your defenses as a checklist for the evidence you need.
• Gather contracts, statements, and payment records.
• Organize texts, emails, and letters.
• Ask for records from the plaintiff if needed.
• Keep negotiating if a settlement makes sense.
• Do not pay or agree to a judgment unless you understand it.

16) If you raised improper service, plan your proof.

• Keep envelopes, mail notices, or photos of the door or mailbox.
• Collect documents showing your address history.
• Bring witnesses who can confirm how the service happened.
• Be ready to testify about when you learned of the case.

17) If you need to amend your answer, act quickly.

• You can usually amend your answer early without a court order.
• If time has passed, ask the court for permission.
• File your amended answer and serve it on the plaintiff.

18) Common mistakes to avoid.

• Do not skip key defenses. You may lose them.
• Do not miss your deadline. File the oral answer on time.
• Do not assume the clerk knows your facts. Say them.
• Do not give up on service issues if they are real.
• Do not ignore court mail. Open and respond quickly.

19) Special notes for multiple defendants.

• Each defendant should answer. Do not rely on others.
• You can adopt similar defenses if they fit you.
• If one defendant defaults, the case continues against the others.
• If you have claims against co-defendants, ask the clerk how to raise them later.

20) If you want help at the window.

• Bring a short list of your defenses on paper.
• Use simple phrases. One line per defense.
• Hand it to the clerk to speed up entry.
• Keep a copy for your records.

That is all you need to complete the oral answer. Keep it simple and truthful. Meet your deadline. Put your main defenses on the record. Add a counterclaim only if it is clear and within the court’s limits. After filing, watch for your court date and prepare your proof. This form gets you past the first gate and into the process.

Legal Terms You Might Encounter

• Action for money only means the plaintiff asks for money, not anything else. This form fits that kind of case. If the claim asks for eviction or other orders, this form is not for that.
• A complaint is the paper that lists the plaintiff’s claims. It says why the plaintiff believes you owe money. Read it before you complete your oral answer. It guides what you admit, deny, or explain.
• A summons tells you that you are being sued. It also tells you where the case is filed. It may list a date to answer or appear. Use those details on your form.
• The plaintiff is the person or business that filed the case. You are the defendant. The form captures your side so the case can move forward fairly.
• A docket number is the court’s tracking number for your case. You will see it on your papers. Copy it exactly onto your form to avoid delays.
• Service means how you received the summons and complaint. It must follow rules. Your form may ask how you were served. List what you know. Keep any envelopes, receipts, or notes to bring later.
• An oral answer is your official response, recorded by the clerk. You give your reasons in plain words. The clerk notes what you say and places it in the file. The form supports that process.
• A defense is a reason why you do not owe the money. Examples include payment, identity issues, or mistakes in the amount. An affirmative defense accepts some facts but adds a legal reason you should not be liable. Use the form to state your key defenses clearly.
• A counterclaim is a claim you bring against the plaintiff. A setoff reduces the amount you might owe because the plaintiff owes you. If you have one, say so on the form and briefly explain it. Fees may apply for larger counterclaims. Ask at filing.
• A default judgment is a decision against you if you do not answer or appear. Filing this form on time helps avoid default. Attending your court date also avoids default.
• A judgment is the court’s final decision. It may say you owe money, owe nothing, or that the case is dismissed. Your oral answer becomes part of the record that the court reviews before judgment.
• An adjournment is a new date given by the court. You can ask for one if needed. You must have a valid reason. Ask early, and confirm the new date in writing if granted.

FAQs

Do you qualify to use this form?

Use this form if the case is only about money. If the plaintiff asks for anything else, this is not the right form. Check your summons and complaint. If the claim is money only, proceed.

Do you have a deadline to file an oral answer?

Yes. Answer by the date shown in your papers or as soon as you can. If no date appears, contact the clerk to confirm your deadline. Do not wait. Missing the deadline risks a default.

Do you need to list every defense now?

State your main defenses now. Include short facts that support them. If you later find new information, you can ask the court to amend your answer. Get permission before changing your answer.

Do you need to attach evidence to your oral answer?

No. You do not need to attach documents to file this form. Gather your evidence and bring it to court. Keep it organized. Make copies for the court and the plaintiff.

Do you need to serve the plaintiff after filing?

Ask the clerk how the notice will be sent. In many cases, the court mails notice of your answer or court date. When in doubt, mail a copy to the address on the summons. Keep proof of mailing.

Do you have to pay a fee to file this form?

Filing an oral answer generally has no fee. If you file a counterclaim over a certain amount, a fee may apply. Ask the clerk about fees before you file.

Do you still have to appear in court after filing?

Yes. Filing the form does not end the case. You will get a date to appear. The first date may be for settlement discussions or scheduling. Arrive early and check in.

Do you need a lawyer to file this form?

No. You can file on your own. If you want legal advice, you can consult a lawyer. The court clerk can explain procedures but cannot give legal advice.

Do you have to use this exact form to answer?

If your case allows an oral answer, use this specific form. If oral answers are not allowed in your case, you must file a written answer. Ask the clerk which method applies.

Do you lose if you miss the court date by mistake?

You may face a default. Act fast. Contact the clerk about next steps. You may ask the court to reopen the case. Be ready to explain the reason for your absence.

Checklist: Before, During, and After the CIV-GP-58C – Oral Answer Action for Money Only

Before you sign

• Read the summons and complaint. Confirm it is for money only.
• Note the court location and docket number.
• Write down the service details you remember.
• List your main defenses in plain words.
• Decide if you will assert a counterclaim or setoff.
• Gather key facts: dates, amounts, and account numbers.
• Bring your papers to the clerk: summons, complaint, and any notices.
• Confirm any deadlines listed in your papers.
• Check for fees if you plan a counterclaim.
• Bring photo ID and a pen. Prepare copies of anything you plan to file.

During signing

• Check your name and address for accuracy and legibility.
• Confirm the docket number matches your summons.
• Verify the plaintiff’s name matches exactly.
• State your defenses clearly. Keep each defense short and factual.
• If you raise a counterclaim, summarize the reason and amount.
• Confirm the “action for money only” nature of the case.
• Review the service details you provide for accuracy.
• Ask the clerk to read back your oral answer if recorded.
• Confirm how the court will notify both sides of the next date.
• Sign where indicated. Date the form.

After signing

• Get a stamped copy for your records.
• Ask if the court will mail notice to the plaintiff.
• If you must serve a copy, mail it the same day. Keep proof.
• Calendar your court date. Set reminders.
• Create a case file. Store all papers in one place.
• Organize your evidence: contracts, invoices, statements, messages, and notes.
• Update the court and the plaintiff if your address changes.
• Prepare brief talking points for your first appearance.
• Plan transportation and time off for the court date.
• Check whether you need interpreter services and request them in advance.

Common Mistakes to Avoid CIV-GP-58C – Oral Answer Action for Money Only

• Not answering by the deadline. A default judgment can be entered against you. Do not wait. Don’t forget to act quickly, even if you plan to settle.
• Using this form when the case is not money only. Your answer may be rejected or incomplete. Read the complaint. Don’t forget to confirm the relief sought.
• Leaving the docket number or party names incomplete. The clerk may not match your answer to the case. This causes delays. Don’t forget to copy details exactly from the summons.
• Stating no defenses or only “I disagree.” The record may not reflect your side. You risk losing valid defenses. Don’t forget to list your main reasons in simple words.
• Failing to update your address. You may miss notices and court dates. This can lead to default. Don’t forget to notify the court and the plaintiff in writing.
• Skipping the court date after filing. The case does not pause. You risk default. Don’t forget to appear on time and check in with the clerk.

What to Do After Filling Out the Form CIV-GP-58C – Oral Answer Action for Money Only

1. File the form with the clerk in the same court shown on your summons. Confirm the docket number and parties before submission. Ask the clerk to stamp your copy. Keep it in your file.
2. Confirm notice and service. Ask whether the court will mail notice of your answer and the next date. If you are responsible for mailing a copy to the plaintiff, do it right away. Use the address on the summons. Keep proof of mailing.
3. Calendar your next steps. Enter the court date and time on your calendar. Add reminders one week and one day before. Plan your route and arrival time. Allow time for security.
4. Prepare for the appearance. Organize your evidence and notes. Make a short outline of your defenses. Include key dates, amounts, and names. Bring three sets of any documents: one for you, one for the court, and one for the plaintiff.
5. Consider settlement options. Be ready to discuss payment terms, disputes about the amount, or corrections to the account. If you settle, ask for the terms in writing. Read before you sign.
6. Follow any court instructions. You may be directed to a conference or hearing. You may receive deadlines for exchanging documents. Note each deadline. Complete tasks early.
7. Address counterclaims. If you stated a counterclaim, bring supporting documents. Be ready to explain how you calculated your amount. Ask the clerk about any added fees or steps related to the counterclaim.
8. Handle changes promptly. If you find new defenses or facts, consider requesting permission to amend your answer. Make the request in writing. Explain the new information briefly and clearly.
9. Keep your case file current. Add each new paper as you receive it. Note dates sent and received. Bring the file to every court appearance. Keep it secure and organized.
10. Communicate in writing. If you send anything to the plaintiff, include the case title and docket number. Keep a copy. Note the date and method of delivery. Save postal receipts.
11. Show up prepared on the court date. Arrive early. Check in with the clerk. Have your notes ready. Stay calm and focused. Speak clearly and stick to the facts.
12. If you miss a date, act fast. Contact the clerk. Ask how to request a new date. You may need to explain your reason and show proof. Move quickly to avoid further issues.
13. If the case resolves, get paperwork. If dismissed, ask for a copy of the order. If settled, get a signed stipulation. If a judgment is entered, ask for a copy so you know the next steps.
14. If your address changes, notify all sides. Send an updated address to the court and the plaintiff. Include the case title and docket number. Keep proof of delivery.
15. Review any court notices. They may require you to do something by a deadline. Mark your calendar. If you do not understand a notice, ask the clerk to explain the process.
16. If you need more time, request an adjournment. Do this before the date if possible. Explain your reason. Provide supporting papers if you have them. Confirm any new date in writing.
17. Retain your records after the case ends. Keep copies of orders, stipulations, and judgments. Store them in a safe place. You may need them to correct credit reports or confirm payment.