File Suit ➜ Get the Answer ➜ Move for Summary Judgment—Fast
Turn unpaid invoices into cash by leveraging New York and New Jersey rules that let you request judgment as soon as pleadings close.
Why Speed Matters in Accounts Receivable Litigation
Aging invoices choke cash flow—and the older the debt, the harder it is to collect. The traditional litigation timeline gives defendants months (or years) to delay. But CPLR 3212 (NY) and R. 4:46 (NJ) let you skip the discovery slog and ask the court for a ruling once the defendant files an Answer. If your documentation is airtight, the judge can grant a money judgment in 90–120 days—sometimes less.
Step 1: Lock Down Your Proof Before You File
- Executed contract and all amendments
- Invoices, purchase orders, and delivery receipts
- Email chains confirming performance
- A/R aging report and sworn ledger
These exhibits will later become the backbone of your motion for summary judgment (MSJ). Your goal is to show the court—and the defendant—that no material facts are disputed.
Step 2: Draft a Complaint Built for Speed
Keep it simple: one count of breach of contract, a brief factual statement, and a prayer for contract damages, pre‑ and post‑judgment interest, and attorneys’ fees. Attach critical exhibits so the defendant (and the judge) see your proof from Day 1.
Step 3: Serve the Defendant and Track the Answer Deadline
In New York, defendants generally have 20 days to answer if served personally and 30 days if served otherwise (CPLR 3012). In New Jersey, the window is 35 days (R. 4:6‑1). The clock starts as soon as service is complete.
Step 4: File Your Motion for Summary Judgment Immediately after the Answer
Once the Answer hits the docket, issue is joined. You can file the MSJ the same day—catching defendants before they begin extensive discovery requests. Serve:
- Notice of Motion
- Plaintiff affidavit with exhibits
- Rule 3212/4:46 Statement of Undisputed Facts
- Brief / Memorandum of Law
Pro Tip: Use business‑records affidavits (Fed. R. Evid. 803(6)) to authenticate invoices and ledgers—no deposition needed.
Step 5: Leverage the Hearing Date to Force Settlement
Defendants suddenly face real exposure: a money judgment, enforceable liens, and attorneys’ fees. Many choose to settle once the hearing is scheduled. If they fight, you are still months ahead of the traditional timeline.
FAQs: Summary Judgment in NY & NJ Accounts Receivable Cases
Can I recover attorneys’ fees?
Yes, if your contract includes a fee‑shifting clause and you cite it in both the complaint and MSJ.
What if the defendant raises “fact issues”?
Courts disregard self‑serving denials when your documentary evidence is solid. That’s why locking down exhibits in Step 1 is crucial.
How soon after judgment can I garnish bank accounts?
In New York, you can serve restraining notices immediately after entry. In New Jersey, docket the judgment and proceed with writs of execution.
Ready to Accelerate Your Cash Flow?
If you’re a NY or NJ business owner with $25K+ in unpaid invoices, the JDE Law Firm, PLLC can file suit and move for summary judgment as soon as the defendant answers—often leading to a settlement or judgment in under four months.
Book a A/R strategy call →
or call NY 718‑966‑0877 | NJ 732‑490‑7120
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