Bronx New York Sample Letter for Alias Summons and Service of Process Fee
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FAQ
A summons with notice or summons and complaint must be served within 120 days of filing with the County Clerk.
Take your written answer to the clerk's office. If you've decided to take your answer to the clerk's office in person for filing, bring your originals plus at least 2 copies. The clerk will take your documents and stamp each set of papers "filed" with the date. They will then give the copies back to you.
Write your answer Only tell the court that you agree, disagree or you do not know if the statement is true. Lawyers usually write "the Defendant admits...," if you agree with the statement. They write "Defendant denies...," if you disagree with the statement.
To authorize service of process by e-mail or facsimile transmission in New York, C.P.L.R. § 308 requires the plaintiff to make an ex parte motion. Otherwise, service may be deemed invalid even if the defendant received the summons. The plaintiff must also prove that service under all other methods is impracticable.
Provide the name of the court at the top of the Answer. You can find the information on the summons.List the name of the plaintiff on the left side.Write the case number on the right side of the Answer.Address the Judge and discuss your side of the case.Ask the judge to dismiss the case.
A waiver of service or summons means that a party voluntarily enters a lawsuit without requiring the opposing party to serve them with a summons and petition.
Here are three steps to responding to a Summons and Complaint: Answer each claim listed in the complaint. Assert your affirmative defenses. File the Answer with the court and serve the plaintiff.
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.
Service of Process in New York is the serving of papers that start a lawsuit. Service of process rules must be strictly followed. According to the New York County Supreme Court, Civil Branch, Failure to serve properly can result in the dismissal of the lawsuit.
A party who waives service of the summons retains all defenses and objections (except any relating to the summons or to the service of the summons), and may later object to the jurisdiction of the court or to the place where the action has been brought.
