how to file an answer to a complaint without an attorney rochester ny

How do I file a complaint against an attorney in NY?

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).

How do I file a case without a lawyer in New York?

Mar 01, 2015 · Under New York’s Civil Practice Law and Rules (CPLR), litigation is commenced by the filing with the court of a summons and complaint (or summons with notice or endorsed complaint). The filing stops the running of the statute of limitations and is the official commencement of the litigation. Service of process on the defendant must be properly …

When does a defendant have to respond to a complaint?

File an Answer File a Judgment File an Affidavit of Service Have something Notarized Certify a Birth or Marriage Certificate for foreign jurisdiction Certify a notary’s signature Get a certified copy of a judgment Apostille Mechanics Lien Records of a case (Room 103B) ROOM 311, MATRIMONIAL SUPPORT OFFICE (3rd Floor)

How do I file a civil lawsuit in New York State?

Nov 08, 2017 · FOR HELP IN E-FILED CASES IN NY COUNTY County Clerk E-File Department 60 Centre Street Room 141 B Janaud Miller [email protected] 646-386-3737 [procedural questions only] E-Filing Liaison 60 Centre Street Supreme Court, New York County Doreen Gushue [email protected] 646-386-4829

What is an answer in a complaint?

The Answer An answer, like a complaint, states a party's position regarding the case. (See attached example of an answer). First, the answer contains the caption of the case. The body of the answer consists of a series of numbered paragraphs.

Who must serve a copy of the answer?

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 mail by someone (not you) over the age of eighteen, who is not a party to the case. See CPLR 2103(a).

What is a counterclaim in a complaint?

An answer to the complaint may also contain a counterclaim. A counterclaim seeks relief (for example, money damages) against the plaintiff. Counterclaims should be set forth in a separate section, following the portion of the answer described above. Counterclaims resemble the format of a complaint.

How to obtain a default judgment?

The first is by applying to the Judgment Clerk in the County Clerk's Office. This may only be done when the plaintiff's summons and complaint or summons with notice seek money damages only , and no other form of relief.

How long does it take to respond to a lawsuit?

The written response must be made within 20 days of personal service, or within 30 days of the time when service by any other means is complete .

Can a defendant assert a claim against a fellow defendant?

A defendant may assert claims against a fellow defendant or several defendants. These are known as cross-claims and also follow the initial responses contained in the answer. Generally, if the complaint has been sworn to (verified), then the answer must be verified as well. See CPI-R 3020.

How long does it take to serve a pleading in New York?

CPLR §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).

What happens if a plaintiff does not demand a trial by jury?

If a plaintiff has not demanded a trial by jury and the defendant fails to do so, the court may deem that a trial by jury has been waived by the parties. It is hoped that this article has addressed the basic issues that should be evaluated when preparing an answer in New York State practice.

What is verification in court?

A verification is a statement under oath that certifies the truth of the allegations contained in the pleadings. The rules as to verification of pleadings are found in CPLR §§3020-3023. Once a pleading is verified, all pleadings thereafter must be verified.

What happens when a case is transferred pursuant to 325 D?

However, when a case is transferred pursuant to 325 (d), the plaintiff will not be limited to relief within the jurisdictional limits of the lower court. In addition, when evaluating subject matter jurisdiction, the attorney should also consider the possibility of removal of the case to federal court.

Do you count paragraph numbers in an answer?

Therefore, the attorney should be sure to do a count of all of the paragraph numbers in the answer to confirm that all allegations have been properly answered. It is suggested that, even if defense counsel intends to admit an allegation in the complaint, such not be left out of the answer.

Is a cross claim required in New York?

These cross-claims are generally for contractual/common law indemnification or for contribution, but they are not limited to such. An answer to a cross-claim is not required in New York unless the cross-claim specifically demands an answer thereto.

Is an answer to a complaint served on behalf of an actual business entity?

A formal appearance , such as an answer to a complaint, should only be entered on behalf of an actual legal entity. It is extremely important that an answer only be served on behalf of and in the name of an actual business entity, or an individual.

Do you need a copy of the Order to Show Cause?

A hard copy of the Order to Show Cause is required for Justice Mendez’s signature; working copies of the affirmation/supporting papers on Orders to Show Cause are not necessary. In e-filed cases, self-represented parties, as well as attorneys who have opted out of e-filing, shall submit their papers in hard-copy form.

Can an unrepresented party use a notice of opt out?

Notice of Opt-Out - Mandatory Case#N#This form shall not be used by unrepresented parties, who by statute are exempt from any obligation to e-file, although they may participate if they wish to do so.

What to do if you did not include information in your original complaint?

If you obtain some new evidence or informa-tion which you did not include in your originalcomplaint, you should contact the Committeeand request a reevaluation (even if your com-plaint was originally dismissed).

What happens if your lawyer violates the New York Code of Professional Responsibility?

If you believe that the actions of your attorneyare in violation of the New York Lawyer's Codeof Professional Responsibility, your lawyermay be subject to discipline by the appropriategovernment agencies, which operate under thestate court system.

What is initial review?

Initial Review:Every complaint is reviewed. Ifthe Committee determines that the facts of yourcomplaint do not describe a possible violationof the Code, it will advise you that an investi-gation is not warranted.

Is a lawyer supposed to be on your side?

Your lawyer is supposed to be on your side, andonly on your side. That means he or she shouldnot be representing someone who is againstyou in the legal matter, unless both you and theperson on the other side have agreed to it.

What is the answer to a complaint?

You should respond to each paragraph of the complaint matching your response to the exact number used in the complaint.

What is attached to an answer?

You may also desire to include in your answer a copy of a document. Documents can be attached to your answer, made part of your answer and referred to in your answer. Documents are then referred to as "Attachments" or "Exhibits". Copies of all attachments or exhibits are numbered and attached at the end of the Answer.

Do you know if a complaint is true?

Sometimes you do not know if the statement in the complaint is true or not or you do not have enough information to determine if the statement is correct. In that case your response should be: "lack enough information to respond".