New York Written Answer Action for Money Only is a type of legal action available to plaintiffs in New York State. It is a way for plaintiffs to seek monetary damages for an injury or loss caused by a defendant's negligence. The action allows the plaintiff to file a written response to the defendant's answer, and if the defendant does not respond, the plaintiff may seek a default judgment for damages. This type of action is commonly used in cases involving medical malpractice, car accidents, slip and fall accidents, and other cases involving negligence. There are two types of New York Written Answer Action for Money Only: Summary Judgment and Default Judgment. A Summary Judgment is granted by a judge when the facts of the case are not in dispute, while a Default Judgment is granted when the defendant does not respond to the plaintiff's answer.
New York Written Answer Action for Money Only
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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???.
Generally, if the complaint has been sworn to (verified), then the answer must be verified as well. See CPLR 3020. In any event, the answer must be signed by defendant's attorney or by defendant if self-represented.
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.
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.
To file your answer, you may deliver it in person or send it by mail to the Pro Se Office. You must attach a completed affirmation of service to the original answer you file with the court. if the plaintiff is not appearing pro se) to consent to an enlargement of time.
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.
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.
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.