Legal Question in Credit and Debt Law in New York

I received a Notice of Motion for Summary Judgment with a "motion term" that is only 5 days away. It says, "Answering affidavits if any must be served at least 7 days before the date on which the motion is set to be heard." Am I allowed to respond to the motion? If so, how do I respond? Am I allowed more time? Also I came across some discrepancies within the documents such as a sworn affidavit that has a different name and date than the one that is listed. Does this affect the motion in any way? Thank you for your time.


Asked on 7/08/10, 11:08 am

1 Answer from Attorneys

Andrew M. Doktofsky Andrew M. Doktofsky, P.C.

The return date of the motion should be indicated in the "Notice of Motion". You must serve your response at least 7 days prior to the return date. The response must be in writing. You serve it by mailing it to the attorney for the "movant", i.e. the party that has brought the motion. You must also check with the judge assigned to the case (if one has been assigned), to see if an appearance in court is required. You must also file your responding papers with the appropriate court clerk. Every county has a different procedure for this so you should consult with the clerk's office in the county in which the action is pending. (Or the local court if not in the Supreme Court). You can ask the movant's attorney for more time to respond. In that case, the court must be notified. Again, you must consult the judge's procedures for motions and adjournments.

Read more
Answered on 7/09/10, 2:53 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in New York