The return date is the court date. The party making the motion chooses the court date and puts it in the Notice of Motion so everyone knows when to come to court.
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.
A motion may be withdrawn at any time prior to its return date by filing with the clerk a written request signed by counsel for the moving party.
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.
Prepare your response, which is called an "Answer." In your Answer, you must address each allegation in the complaint and state your defenses. You can find templates for Answers online or at the court clerk's office. 4. File your Answer with the court by the deadline stated in the summons.
A summons with notice or summons and complaint must be served within 120 days of filing with the County Clerk.
For each paragraph in the complaint, state whether: the defendant admits the allegations in that paragraph; denies the allegations; lacks sufficient knowledge to admit or deny the allegations; or admits certain allegations but denies, or lacks sufficient knowledge to admit or deny, the rest.
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. If the defendant fails to respond he or she is in default and plaintiff may be able to obtain a default judgment against the defendant.
New York state law authorizes the “nail and mail” method of service, which authorizes the process server, after attempting service with “due diligence,” to (1) tape a copy of the summons and complaint to the door of the defendant's home or office; (2) mail a copy by first class mail to the defendant's home address; and ...