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1) The Defendant may ask the Plaintiff to agree to the extension. Below is a detailed procedure for filing a motion to extend time.Use SoloSuit to respond to a debt collection lawsuit in 15 minutes. 6 Steps for filing an answer to a lawsuit in the Special Civil Part. Paragraph 3: Tell the court if you're requesting an extension of time to answer a summons and complaint, answer a motion, or other purpose. Any affidavit supporting a motion must be served with the motion. Complete and sign a Certificate of Service for the Motion. If the defendant agrees to waive service of the summons, the defendant receives an automatic extension of time to answer the complaint. Filing: If you are efiling any of these forms, you will need to "flatten" the form so it cannot be changed after you complete it. File an Answer or respond to a Motion another party has filed) can file a Motion to Continue or Extend Time.