CIV-GP-58D – Written Answer Action for Money Only

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

What is a CIV-GP-58D – Written Answer Action for Money Only?

A CIV-GP-58D is the standard written answer used in the Civil Court of the City of New York when a plaintiff sues for money only. Filing it puts your response to the complaint on the record, specifies what you admit or deny, asserts defenses, and, if appropriate, presents counterclaims. It prevents a default judgment and ensures your version of events guides how the case proceeds.

Use this form when the plaintiff seeks a money judgment, not court orders compelling action. Typical matters include credit card balances, personal loans, invoices for services, repair bills, contract payment disputes, property damage claims, and motor vehicle cases limited to damages. It is not for eviction proceedings, injunctions, or specific performance. Its scope is “money-only” within the Civil Court’s jurisdiction.

Any defendant—individuals, tenants, landlords (money issues only), sole proprietors, partnerships, and businesses—may use the form. Entities should confirm representation rules; some must appear by counsel. Timing is critical: after service of the summons and complaint, you have a short window to answer. Timely filing preserves defenses and signals that you will litigate rather than risk default.

Your answer becomes part of the official record. Admissions narrow issues; denials require the plaintiff to prove facts; defenses frame legal disputes; counterclaims give you leverage. The court and the opposing party use your answer to define what must be decided, schedule proceedings, and plan discovery and motions. A clear, accurate answer influences negotiations, motion practice, and trial strategy.

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

Use this form after you are served with a summons and complaint in New York City Civil Court where the only relief sought is money.

Common scenarios

• A creditor or debt buyer sues for an unpaid balance.
• A business is sued for unpaid invoices or services.
• A contractor-client dispute about payment.
• A landlord seeks unpaid rent or damage costs, but not eviction.
• A party seeks reimbursement for property damage or similar monetary claims.

If the complaint requests non-monetary relief—eviction, injunctions, or orders directing conduct—this form is not appropriate.

Use the CIV-GP-58D to:

• Deny disputed allegations or those for which you lack information to admit.
• Admit undisputed facts.
• Assert affirmative defenses (for example, payment, mistaken identity, improper service, statute of limitations, lack of standing).
• State money counterclaims.
• Demand a jury, if eligible.
• Request language or disability accommodations.

File by the deadline. Doing so prevents default, preserves defenses, and improves your position for settlement or litigation.

Legal Characteristics of the CIV-GP-58D – Written Answer Action for Money Only

An answer is a formal pleading with binding consequences.

• Admissions and denials: Admitting removes a fact from dispute; denying puts the burden on the plaintiff to prove it. If you lack sufficient information to admit or deny, say so and treat it as a denial. Be careful: admissions are binding.

• Affirmative defenses: Some must be raised at the outset or they may be waived, including personal jurisdiction, improper service, and improper venue. Other common defenses: statute of limitations, payment, setoff or recoupment, goods not delivered, services not performed, breach by plaintiff, fraudulent charges, and accounting errors. Assert all defenses that reasonably apply.

• Verification: If the complaint is verified, your answer must be verified and signed before a notary. If the complaint is not verified, a standard signature typically suffices.

• Filing and service: The answer takes effect only if filed with the court and served on the plaintiff or their attorney. You must maintain proof of service (affidavit or certificate) specifying how, when, and where service occurred.

• Monetary jurisdiction: The Civil Court of the City of New York generally handles cases up to $50,000. Keep counterclaims within that limit unless you have a strategic reason to limit or pursue them elsewhere.

• Record and enforceability: Once filed, your answer guides scheduling, motions, discovery, and trial. The plaintiff may rely on your admissions. Your defenses can be challenged by motion. Precision at this stage helps avoid later evidentiary and credibility issues.

• Amendments: You may amend an answer as of right within a limited time or with permission later. It is easier to include all applicable defenses and counterclaims initially.

Treat your answer as foundational. While not always sworn testimony, inconsistent statements or careless admissions can harm your case. Provide truthful, measured responses and raise defenses promptly.

How to Fill Out a CIV-GP-58D – Written Answer Action for Money Only

1) Confirm the case type.

• Read the summons and complaint carefully. Confirm the court is the Civil Court of the City of New York, and the relief sought is money only, with no non-monetary requests.
• Check the borough (New York, Kings, Queens, Bronx, or Richmond) and ensure you are correctly named as the defendant. Note any misidentification or incorrect capacity for your defenses.

2) Track your deadline.

• Typical answer times: 20 days after personal service within New York; 30 days for other service methods or service outside New York; or a return date specified on the summons. Use the earliest applicable date.
• Calendar the deadline and set reminders several days beforehand. If needed, seek an extension before time runs out.

3) Complete the caption.

• Copy the caption exactly from the summons and complaint, including court, county/borough, parties, and index/docket number. Match spellings and suffixes precisely.
• Maintain the same party order for consistency.

4) Identify the parties.

• Provide your full legal name, mailing address, phone, and email. If your contact information changes, promptly notify the court and opposing counsel.
• If represented, include your attorney’s details and signature. If appearing for a business, confirm authority and compliance with representation rules.

5) State your answer.

• Choose between a general denial or specific admissions and denials. If you dispute most allegations, a general denial may be efficient; admit only what is clearly true.
• If you lack knowledge or information to admit or deny an allegation, say so and deny on that basis.
• Sample formulations:
• “Defendant denies the allegations contained in Paragraphs 1–10 of the Complaint.”
• “Defendant admits account ownership but denies the amount alleged.”
• “Defendant lacks knowledge or information sufficient to form a belief as to Paragraph 5 and therefore denies it.”

6) Check applicable defenses.

Common affirmative defenses:

• Payment or accord and satisfaction.
• Identity theft or mistaken identity.
• Lack of standing.
• Statute of limitations.
• Improper service.
• Lack of personal jurisdiction.
• Improper venue.
• Goods not delivered or services not performed.
• Plaintiff’s breach.
• Incorrect amount, improper fees, interest miscalculation, or uncredited payments.
• Unconscionability or unfair terms.
• Select all that apply. Briefly state supporting facts. Prioritize defenses that can be waived if omitted.

7) Add any counterclaims.

If you are owed money, assert counterclaims and state the amount with a concise basis:

• “Counterclaim: $2,150 for defective work requiring repairs.”
• “Counterclaim: $1,100 for uncredited returns.”
• Keep total counterclaims within the court’s limit. Describe the connection to the plaintiff’s claim if based on the same transaction.

8) Request a jury, if desired.

• If eligible and you want a jury, demand it in your answer. Fees and deadlines apply. Make the demand now to preserve the right.

9) Request accommodations, if needed.

• Indicate interpreter needs (specify language) or disability accommodations. Early notice improves readiness for your first appearance.

10) Attach schedules or exhibits, if needed.

• If the form allows, attach labeled schedules (for example, “Schedule A—Counterclaim Details”). Use copies, not originals. Keep attachments concise and essential.

11) Verification, if required.

• If the complaint is verified, sign a verification in front of a notary. If you sign for a business, confirm your authority.
• If not verified, a regular signature generally suffices.

12) Sign and date.

• Print your name, sign in ink, and date the form. Ensure contact information is legible. If represented, your attorney signs where indicated.

13) Serve the plaintiff.

• Serve a copy of your signed answer on the plaintiff’s attorney or on the plaintiff if unrepresented, using the addresses in the summons or complaint. Follow permitted methods; often, a nonparty adult may serve by mail.
• The server completes the proof of service, stating the date, method, name, and address used. Keep the original proof.

14) File with the court.

• File your answer and proof of service with the Civil Court clerk in the correct borough. Filing methods may include in-person, by mail, or approved electronic options. File within the deadline, and request a stamped copy.
• If mailing, allow time and use a trackable service. Keep copies of everything.

15) Keep records and follow up.

• Maintain copies of the answer, verification, proof of service, and attachments. Track all court notices, conferences, and deadlines on your calendar. Open and read all mail promptly.

Practical tips

• Match names, addresses, and case numbers exactly to avoid filing issues.
• Be concise and factual; avoid argument or speculation.
• Assert service, jurisdiction, and venue defenses now or risk waiver.
• Include defenses you can support and refine later if needed.
• Consider consulting a lawyer if the case is complex or the amount is significant.

Legal Terms You Might Encounter

When completing the CIV-GP-58D in New York City Civil Court, you may see:

• Caption: The top heading listing the court, county/borough, parties, and index/docket number. It must match the summons and complaint.
• Plaintiff and defendant: The plaintiff sues; the defendant is sued. Your answer responds to the plaintiff’s allegations against you.
• Summons and complaint: The summons notifies you of the case and response requirements; the complaint sets out the claims and requested relief.
• General denial: A broad denial of material allegations. Use when you dispute most allegations or lack information for specifics; admit only undisputed facts.
• Affirmative defense: A legal reason the plaintiff should not win even if some facts are true (e.g., wrong party, time-barred, nonperformance, misapplied credits).
• Counterclaim: Your money claim against the plaintiff, either from the same transaction or independently, subject to monetary limits.
• Verification: A sworn statement confirming your answer’s truthfulness, required if the complaint is verified.
• Proof of service: A statement by the server describing when, how, and to whom service of your answer was made.
• Default judgment: A judgment entered when the defendant fails to answer on time. Timely filing and service prevent default.
• Jury demand: A request to have a jury decide factual issues, made within required timeframes, often in the answer.

FAQs

Do you have to use this form if you agree you owe some money?

Yes. File an answer even if you agree with part of the claim. Admit what you owe, deny the rest, and raise defenses about fees, interest, or credits. Specify payments, adjustments, or errors that reduce the amount. Answering avoids default and ensures the court determines the correct balance.

Do you need a notary to submit the CIV-GP-58D – Written Answer Action for Money Only?

Only if the complaint is verified. Then your answer must include a notarized verification. If the complaint is not verified, sign and date the answer without notarization, unless the form directs otherwise. If you sign for a business, be prepared to confirm your authority.

Do you have to attach documents to your answer?

Generally, no. Use the answer to record admissions, denials, defenses, and counterclaims. Keep supporting documents for settlement, discovery, or motions. If the form allows schedules (e.g., itemized counterclaims), attach labeled copies and keep originals in your file.

Do you need to send the answer to the plaintiff or just file it with the court?

Both. Serve the plaintiff or their attorney with a copy and complete a proof of service. Then file the answer and proof with the court. Serving without filing—or filing without serving—can lead to delays or default. Use a permitted method and keep mailing receipts or confirmations.

Do you lose defenses if you forget to include them?

Some defenses—especially jurisdiction, service, and venue—can be waived if not raised promptly. Include all defenses you reasonably believe apply. If new facts emerge, you may seek to amend, but permission and timing matter. List applicable defenses early to avoid waiver.

Do you ask for a jury on this form?

Yes, if you want one and are eligible. Make the demand on the CIV-GP-58D. Missing the deadline can forfeit the right or require permission later. If a jury matters to your strategy, demand it in the answer.

Do you need a lawyer to file this answer?

Not necessarily. Many defendants file pro se in straightforward cases. If the facts are complex, the amount is high, or multiple parties and defenses are involved, consider getting advice before filing to identify key defenses and counterclaims.

Do you need more time to answer?

Request an extension as soon as possible—preferably in writing. You can ask opposing counsel to consent or request relief from the court. Do not ignore the deadline. Keep proof of any extension you obtain.

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

Before signing: Information/documents needed

• Summons and complaint (all pages).
• Case number, party names, borough, and courtroom/part if listed.
• Contracts, invoices, statements, correspondence, delivery confirmations, work orders, estimates, and payment proofs.
• A timeline of key events (contract date, deliveries, services, payments, disputes).
• Evidence for defenses (identity theft reports, fraud alerts, dispute notices, emails or letters showing credits, acknowledgments of payment, photos of defects).
• Calculations reflecting your view of the correct amount, including disputed fees/interest and uncredited payments.
• Counterclaim details (amounts, dates, and basis) in a concise narrative.

During signing: Sections to verify

• Caption: Court, borough, parties, and index/docket number must match exactly.
• Contact details: Confirm your current address, phone, and email.
• Admissions/denials: Align with your documents and recollection; avoid contradictions.
• Affirmative defenses: Check applicable boxes; remove duplicates; keep only those with a factual basis.
• Counterclaims: Ensure the amount is within limits, and the explanation is brief and specific; attach a schedule if allowed.
• Jury demand and accommodations: Make the selections now if desired or needed.
• Verification: If required, sign before a notary; review the verification language.
• Signature and date: Sign in ink and date; if represented, ensure the attorney’s signature appears in the correct space.

After signing: Filing, notifying, storing

• Service: Have a nonparty adult serve the plaintiff or counsel by a permitted method; complete the proof of service.
• Filing: File the answer and proof with the clerk; obtain stamped copies or confirmations; keep all receipts.
• Recordkeeping: Maintain a dedicated file with all papers, proofs, and a communication log.
• Contact updates: Notify the court and opposing party in writing of any changes to your contact information.
• Preparation: Organize supporting documents for conferences, discovery, and motions; create a simple index.

Common Mistakes to Avoid CIV-GP-58D – Written Answer Action for Money Only

• Leaving out key defenses: Jurisdiction, service, and venue defenses can be waived if not raised. Include them when applicable to preserve leverage and legal protection.
• Admitting more than intended: Blanket or casual admissions can bind you. Admit only what is true and undisputed; deny the rest or deny for lack of knowledge.
• Mismatched names or case numbers: Caption errors can cause misfiling or delay and increase default risk. Copy the caption exactly from the summons and complaint.
• Skipping proof of service: Serving without proof risks the court disregarding your answer. Complete a detailed proof of service every time.
• Ignoring verification rules: A verified complaint requires a verified answer. Missing verification may lead to rejection or urgent correction.
• Missing the deadline: Late answers expose you to default. Calendar deadlines immediately and file early when possible.
• Overloading with evidence: Excess attachments can confuse and cause rejection. Keep the answer focused; attach only what the form invites or what clarifies a key point.
• Failing to update contact information: Missed mail can lead to adverse orders. Update the court and opposing counsel promptly.
• Overlooking the monetary limit: Excess counterclaims complicate the case. Keep within limits or seek advice on alternatives.
• Inconsistent statements: Contradictions undermine credibility and negotiation. Review carefully and keep a consistent, document-supported narrative.

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

1. Serve and file: Serve the plaintiff or counsel by an allowed method and file the answer with proof of service. Keep stamped copies or e-confirmations and any mailing receipts.
2. Track the case: Watch for scheduling notices, deadlines, and conference dates. Calendar every date. If you cannot attend, request an adjournment in advance.
3. Prepare your evidence: Organize documents by topic (contracts, invoices, payments, communications, returns, repairs). Number exhibits and maintains an index. Draft a brief chronology to guide your presentations.
4. Consider settlement: Define your objective and the evidence supporting it. Outline terms you would accept (e.g., payment plan, adjusted amount, dismissal of claims or counterclaims). Be realistic and prepared to explain your position.
5. Plan next steps: Expect discovery, motions, and conferences. Respond on time, track what you send and receive, and prepare to support counterclaims with documents and, if needed, witness statements.
6. Amend if needed: If you discover omitted defenses or misstatements, move promptly to amend. Courts may allow amendments in the interests of justice, but delay reduces your chances.
7. Maintain professionalism: Keep communications clear, concise, and respectful. Log calls and emails with dates and key points.
8. Monitor compliance: Track deadlines for responding to demands or motions. Missing a response date can lead to orders against you. If you serve demands, follow up on the plaintiff’s compliance.