1. At the time of service of a notice of motion any part of which requests summary judgment in whole or in part, where the moving party is a plaintiff and the respondent is a consumer defendant in an action to collect a debt arising out of a consumer credit transaction, and where the consumer defendant against whom summary judgment is sought is not represented by an attorney, the plaintiff shall submit to the clerk a stamped, unsealed envelope addressed to the defendant together with the following additional notice in English and Spanish to be printed in clear type no less than twelve-point in size:
The Plaintiff has asked the Court to enter judgment against you by making a Motion for Summary Judgment. Keep this Notice and the envelope it came in. The Motion for Summary Judgment was separately served on you. To avoid entry of judgment:(1) You must appear in court as directed below:
WHERE: Name of Court, Street Address, Room Number
WHEN: Date and time (2) You should oppose the motion IN WRITING.
HOW TO OPPOSE THE MOTION:(1) State the legal reasons why the court should not enter judgment against you, including your defenses.(2) State the facts that support your defenses.(3) Attach affidavits and/or exhibits to support the facts you assert.(a) Affidavits are sworn statements of witnesses (including you) who state facts they know to be true. The affidavit should state the facts and how the witness knows them. Also, the affidavit should explain any exhibits. An affidavit of service is an affidavit that states how and when papers were served. An affidavit must be signed in front of a notary. Free forms are available on the New York State Court system website at: ____________________.(b) Exhibits are copies of documents. Exhibits are usually attached to affidavits.(4) Have someone (not you or another defendant in the lawsuit) mail a copy of your opposition to the plaintiff's attorney before your court date and have them prepare an affidavit of service by mail.(5) Bring a copy of your opposition and the affidavit of service to your court date.(6) Attend your court date.
IF YOU NEED MORE TIME:
If you need more time to prepare your written response, you should appear at your court date and ask the judge for more time. You can also ask the judge to refer you for legal help.
IF YOU NEED LEGAL HELP:
You may seek legal help from a private attorney or a legal aid office.
Some courts have free legal assistance programs for people without lawyers. You can find resources on the New York State court system website at: ____________________.