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
Once a complaint has been served, either with a summons or in response to a demand for a complaint, the defendant must respond by having the plaintiff served with an answer or a motion, usually, a motion to dismiss. C. The Answer An answer, like a complaint, states a party's position regarding the case. (See attached example of an answer).
For more information about service and filing requirements regarding a claim, please visit the NY Court of Claims. All OAG offices may be subject to safety and security protocols. Offices may include additional signage directing you to a particular location.
Service of the complaint shall be made within twenty days after service of the demand. Service of the demand shall extend the time to appear until twenty days after service of the complaint. If no demand is made, the complaint shall be served within twenty days after service of the notice of appearance.
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.
Provide the name of the court at the top of the Answer. You can find the information on the summons. ... List the name of the plaintiff on the left side. ... Write the case number on the right side of the Answer. ... Address the Judge and discuss your side of the case. ... Ask the judge to dismiss the case.
Take your written answer to the clerk's office. If you've decided to take your answer to the clerk's office in person for filing, bring your originals plus at least 2 copies. 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.
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.
A summons with notice is a type of summons. The summons with notice is not served with the complaint. It contains all of the information described above for the summons, plus a brief description of the type of case and the relief the plaintiff is asking the court to grant.
— If the defendant fails to answer within the time specified in these rules, the court shall, upon motion of the plaintiff, order judgment against the defendant by default, and thereupon the court shall proceed to receive the plaintiff's evidence and render judgment granting him such relief as the complaint and the ...
If you received a Summons and Complaint, you only have a short time to deliver a written Answer to the plaintiff and the Court. The Answer is your chance to tell the court your defenses or reasons why the plaintiff must not win the case. Some courts let you give your Answer to the Clerk at the courthouse in person.
Any person means just that–a relative or a friend is fine. However, many states require that this person be approved by the court.
If you don't go to court and you don't show up for the summons, the Judge is going to issue a bench warrant for you. If there's a bench warrant issued for you, you'll get arrested when you're picked up on that warrant.
7 Ways To Defend a Debt Collection LawsuitRespond to the Lawsuit or Debt Claim. ... Challenge the Company's Legal Right to Sue. ... Push Back on Burden of Proof. ... Point to the Statute of Limitations. ... Hire Your Own Attorney. ... File a Countersuit if the Creditor Overstepped Regulations. ... File a Petition of Bankruptcy.
You should respond in one of three ways:Admit. Admit the paragraph if you agree with everything in the paragraph.Deny. Deny the paragraph if you want to make the debt collector prove that it is true.Defendant denies the allegation for lack of knowledge sufficient to know the truth or falsity thereof.
1. Respond to the lawsuit or debt claimDon't admit liability for the debt; force the creditor to prove the debt and your responsibility for it.File the Answer with the Clerk of Court.Ask for a stamped copy of the Answer from the Clerk of Court.Send the stamped copy certified mail to the plaintiff.
Key TakeawaysCreate an Answer Document.Answer each issue of the Complaint.Assert your affirmative defenses.File the answer with the court.
Summons issued by the court personally to the Defendant or his agent. After such service the officer of the court (Belief of court) shall obtain signature of the Defendant or his agent or adult member of his family to whom served personally and return original copy of summons to the court with his report.
In order to defend against this lawsuit, you must respond to the complaint by stating your defense in writing, and by serving a copy upon the person signing this summons within 20 days after the service of this summons, excluding the day of service, or a default judgment may be entered against you without notice.
If you feel like chucking your Kentucky summons in the trash, hold up a minute....If you'd rather submit your Answer on your own, you can follow the steps below.Create an Answer Document. ... Answer each issue of the Complaint. ... Assert affirmative defenses. ... File the answer with the court and serve the plaintiff.
If you don't file your Answer by this deadline, usually the plaintiff will automatically win. This is called a “default judgment.”
To officially respond to a Summons and Complaint, you have to prepare and file an “Answer.”. Preparing an Answer might seem intimidating. Legal documents are often full of confusing language — sometimes they might as well be in another language! And the legal process can be equally confusing.
The top of the Answer should include basic information about your case, including: the name of the court. the location of the court. the name of the person or business suing you, as the plaintiff. your name, as the defendant.
Under New York Civil Practice and Law Rules Section 213, the statute of limitations for consumer credit transactions in New York is six years.
If the judge doesn't dismiss your case, you'll have 10 days to file an Answer. In most cases, however, you'll want to file an Answer. This is your chance to tell your side of the story. To complete your Answer document, follow the steps below. 1.
A “Summons” is the official notice that you've been sued. And it can be delivered to you (or “served”) in three ways: by handing the papers to you personally;
A “verification” is a sworn statement that everything you say in a document is true. To verify your Answer, you must sign it in front of a notary public or the court clerk.
If your spouse filed and only asked for the divorce while you're seeking relief in addition to equitable distribution, you are best advised to file an answer containing a counterclaim in case your spouse looks to drop the case. I don't belive there is an uncontested answer form that does this, which is just one more reason why consulting with an attorney would be advisable.
Since you were only served with a Summons with Notice your response would be a Notice of Appearance. You can not file an answer since there is no complaint to answer.
When you do this, the plaintiff has 20 days to send you a Complaint. Check with your court for a form.
If the complaint has a Verification at the end of it, this means that the plaintiff swore that the complaint is true. If there is a verification you should make a verified Answer. You do this by signing the Answer in front of a notary public.
To serve the plaintiff with a copy of your answer have someone 18 or older (not you and not involved in the case) mail a copy to the plaintiff. If the plaintiff has a lawyer, a copy of your Answer is mailed to the lawyer. The person who does this for you must fill out an Affidavit of Service by mail form. Then, make sure you file this proof of ...
If you do not put a defense in your answer you may not be allowed to talk about it later in the case. You may also make a counterclaim in your Answer. Ask the Court Clerk if the court has an Answer form for you to use or you can make your own.
Answering a Summons and Complaint. The time to answer the summons and complaint is either 20 or 30 days, depending on how you got the papers: 30 days - if the summons was given to you in any other way. The time period includes weekends and holidays.
Your Answer is what you tell the court about what the plaintiff said in the complaint. The Answer tells the court your defenses or reasons the plaintiff must not win the case . Some courts let you tell your Answer ...
Dear Brooklyn Defendant: I gather you are litigating without an attorney. The initial consideration is making an "appearance." A party may appear with or without an attorney...
You do not have to file an Answer in Supreme Court so I unless the statute says that you have to file a demand for a complaint I don't think you have to file it. If you do, you serve it and then file a copy of what you served along with your affidavit of service.
The court rules can get complicated--with compliance conferences, pretrial discovery and motion practice--once issue is joined and the case is truly underway. You would do well to hire an experience attorney of your own to help guide you and advocate on your behalf.