how do i answer a summons and complaint in new york without an attorney

by Alessandra Nader 3 min read

You can either answer the summons in writing or in person. If you answer in person, you must go to the courthouse clerk’s office and tell the clerk about your defenses to the plaintiff’s claims. The clerk will check off the boxes in a Consumer Credit Transaction Answer In Person form.

You can either answer the summons in writing or in person. If you answer in person, you must go to the courthouse clerk's office and tell the clerk about your defenses to the plaintiff's claims. The clerk will check off the boxes in a Consumer Credit Transaction Answer In Person form.

Full Answer

How do I write an answer to a summons and complaint?

well. See CPI-R 3020. In any event, the answer must be signed by defendant's attorney or by defendant if self-represented. A copy of the answer must be served upon the plaintiff's attorney or upon a pro se plaintiff, and upon all other parties. Unlike service of papers initiating a lawsuit, an answer may be served by

Can I ignore a summons without an attorney?

Answering the Summons & Complaint. You can either answer the summons in writing or in person. If you answer in person, you must go to the courthouse clerk’s office and tell the clerk about your defenses to the plaintiff’s claims. The clerk will check off the boxes in a Consumer Credit Transaction Answer In Person form.

How long does it take to respond to a summons?

Yes, you really can answer a lawsuit without a lawyer! This lawsuit answer guide is a 100% digital download, available for use immediately after your purchase (an email will be sent to you with a download link and you must have the ability to open MS Word and PDF files to use these forms and guides ). Buy it Now. The New York Lawsuit Answer Guide includes ALL of the following. …

When does a defendant have to respond to a complaint?

Sep 21, 2009 · An answer is a proper legal response to a complaint. It must be filed with the same court which issued the summons and complaint. A courtesy copy must also be sent to the plaintiff counsel. You might be able to get a pro se kit from the court, and/or hire an attorney for the sole purpose of answering the papers for you.

How do you answer a summons without a lawyer?

Take your written answer to the clerk's office. The clerk will take your documents and stamp each set of papers "filed" with the date. They will then give the copies back to you. One copy is for you to keep. The other copy you're responsible for delivering to the plaintiff (or their attorney).Aug 12, 2019

How do you answer a summons in New York?

Here's a recap of the process:Create an Answer document.Make a general denial or respond to each issue in the Complaint.Assert all your defenses.Assert any counterclaims.File your Answer with the court (keep a copy for yourself)Serve a copy of the Answer on the plaintiff.Sep 24, 2019

How do I respond to a civil summons in NYC?

If you are an individual, you may answer in person by coming to the courthouse and filling out a form. You may download the free Answer Form, but you must bring the form to the clerk's office. To find out where to bring your answer in your county, go to locations.Apr 1, 2013

How do you write a response to the court?

How do I answer the complaint?Read the summons and make sure you know the date you must answer by.Read the complaint carefully. ... Write your answer.Sign and date the answer.Make copies for the plaintiff and yourself.Mail a copy to the plaintiff. ... File your answer with the court by the date on the summons.

What happens if a defendant does not respond to a summons?

If you do not respond to a civil summons, the court can grant the other party judgment against you in the underlying case. This means the other side will automatically win. Failing to honor a criminal summons, by contrast, could lead to your arrest and even time in jail.Nov 28, 2018

How long do you have to answer a complaint in New York?

30 daysCPLR §320 prescribes the time periods for when a responsive pleading must be served. This is generally 20 or 30 days from completion of service (20 days when service is by personal delivery to the defendant within New York State, 30 days all other times).Mar 1, 2015

How do I file a summons complaint in NY?

You must fill out the Application for a Pro Se Summons form and submit it to the clerk in the county where you are suing, along with payment of the court fee. The fee must be paid by cash, certified check, money order or bank check. Personal checks will not be accepted.Jan 5, 2022

What is summon letter?

Generally, a summons (court document with a statement about a lawsuit which requires defendant to answer the complaint attached to it) must be served on (given to and received by) the defendant to acquire jurisdiction over him or her.

Does a summons have to be served in person?

A summons must be served at least 7 days before the court date if it is served by personal delivery, or 21 days before the court date if it is served by postal delivery. If a summons has not been correctly served, you are not obliged to appear in court in response to it.Aug 7, 2020

Who can serve process in New York?

Process servers are listed in the Yellow Pages or on the internet. Or, anyone, like a friend, can serve the papers. But, the person serving the papers must be 18 years old or older. A party can go with the person serving the papers when they are served.Nov 26, 2019