New York Information on Answering an Action for Money Only typically involves a plaintiff filing a lawsuit against a defendant for money damages. The defendant must then respond to the lawsuit by filing an Answer to the Complaint. The Answer must include defenses to the claim and, if applicable, any counterclaims. In New York, there are two main types of Answers: a General Denial Answer and a Specific Denial Answer. A General Denial Answer denies all the allegations in the Complaint without providing any additional information. A Specific Denial Answer denies each allegation of the Complaint individually, providing specific factual allegations to support the denial. Both types of Answers must be signed by the defendant and filed with the court. If the defendant fails to file a timely Answer, he/she may be found in default and a judgment may be entered against them.
New York Information on Answering an Action for Money Only
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Summary: The statute of limitations on most debt in New York is just three years. This means that creditors and debt collectors only have three years from the date of the last activity on an account to sue someone for a debt.
Once a summons and complaint or summons with notice have been served, a defendant must respond in writing within a limited period of time. The response is sent to the plaintiff's attorney or directly to the plaintiff, if the plaintiff is appearing is self represented.
The time to answer the summons and complaint is either 10, 20 or 30 days, depending on how you received the papers and whether the case is in a court inside or outside New York City: 10 days - if the summons and complaint were given to you by personal (in hand) delivery within the county.
Summary: Yes, you can settle after service. The best way to settle a debt lawsuit is first to file a response, then contact the otherside and make an offer???.
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.
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.
Replying to a summons in writing requires you to sign and date your reply. You should keep a copy for yourself before mailing the original to the plaintiff (or the plaintiff's attorney) stated in the summons. You must also file your answer with the court.
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.