The defendant must sign the answer to the complaint and mail a copy mailed to the lender's attorney. The appropriate mailing address can be found in the complaint, usually under the attorney's signature. The answer must also be filed at the courthouse.
plaintiff swore that the Complaint is true. You should “verify” your Answer by signing it in front of a Notary Public. Make copies of the Answer for the Plaintiff, yourself and any other parties. Deliver or “serve” a copy of the Answer by having someone, not you, mail it to the Plaintiff’s attorney and fill out an Affidavit of Service (sample attached), and
Plaintiff or Plaintiff’s attorney who filed the Complaint against you. Although you do not have to mail the Answer by certified mail, you may want to ask the Post Office to provide you with a Certificate of Mailing. This will prove the date you mailed the Answer and to whom it was addressed. Within three days of mailing a copy to the Plaintiff or the Plaintiff’s attorney, take the
You should “verify” your Answer by signing it in front of a Notary Public. • Make copies of the Answer for the Plaintiff, yourself and any other parties. • Deliver or “serve” a copy of the Answer by having someone, not you, mail it to the Plaintiff’s attorney and fill out an Affidavit of Service (sample attached), and
INSTRUCTIONS FOR FILING AN ANSWER TO A CIVIL COMPLAINT 1. Sign the Answer where indicated. 2. Also fill out the certificate of service with the date on which you intend to mail a copy to the opposing side and sign it. The certificate of service is your verification that you have mailed a copy of your answer to the Plaintiff
Be brief. Answer the allegations in the complaint with one or two sentences. Again remember that the statements you make in your answer can be used as admissions against you. Your response to the allegations in the complaint may admit part of the statement in the specific paragraph and deny part.
Before you sue, you may want to think about sending a demand letter to the potential defendant. This can help you save the costs of litigation and solve the issue without the stress of a formal dispute.Oct 18, 2021
Responding to a New York Complaint ToolkitMove to dismiss a complaint.Move to compel arbitration.Determine whether venue or forum is proper.Respond to a summons with notice.Answer a complaint.Assert counterclaims and cross-claims.Engage in third-party practice.More items...
2) Raise an affirmative defense. An affirmative defense says, essentially, “even if what you're saying is true, I'm not liable for reason XYZ.” Examples of affirmative defenses include bankruptcy, statute of limitations and self-defense. 3) Raise a counterclaim.
An Answer to the Complaint states the Defendant's side of the dispute and may also contain Affirmative Defenses against Plaintiff's Complaint.
By definition, lawsuit refers to the legal process (that is, the court case) by which a court of law makes a decision on an alleged wrong (as exhibited in the statement "a complex lawsuit that may take years to resolve"), whereas complaint refers to the initial document, or pleading, submitted by a plaintiff against a ...
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).Mar 1, 2015
Generally, verified complaints are not necessary and apply only to specified situations. New York has waived governmental (sovereign) immunity and permits claims against the state. There is a no compulsory joinder of parties. Numbered paper is no longer required for New York pleadings.
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
Overview. Self-defense, entrapment, insanity, necessity, and respondeat superior are some examples of affirmative defenses.
Overview. After receiving a plaintiff's complaint, a defendant must respond with a pleading called an answer. In the answer, the defendant must address each allegation in the complaint. Some jurisdictions allow defendants to make a general denial of all allegations in the complaint.
Following the admissions and denials, the answer outlines any affirmative defenses available to the defendant. Affirmative defenses, which are grounded in SUBSTANTIVE LAW, state that an allegation may or may not be true, but that even if it is true, the law provides a legal defense that defeats the plaintiff's claim.
The answer is a written response explaining why you think you do not owe the money that the person suing you is asking for. Note that the money demand will often include interest charges and/or attorney’s fees.
A plaintiff’s opponent is the defendant. A summons and complaint is meant to be an opening salvo to give a defendant notice of the plaintiff’s lawsuit and to describe in general terms what the plaintiff wants.
An answer is a written response explaining your side of the dispute. If you are being sued for collection of a debt, for example, the answer allows you to explain why you feel you do not owe all or part of the amount the plaintiff demands.
Some courts require hand-delivery of your answer to the clerk’s office. Others allow you to mail the answer to the clerk. Check with the court clerk for the correct method in your area. If you mail the answer, use Certified Mail, return receipt requested. Certified Mail provides you with a receipt card that can serve as proof of the date you mailed the answer to the court. Your local post office can tell you how to send a letter Certified Mail.
Always bring an additional copy of each document you need to file. The clerk will keep and file the original. The copy will be stamped and returned to you as proof you filed your answer at that date and time.