How long does a defendant have to serve an answer to a complaint filed in the District or Superior court in NC?

Typically, the defendant has 30 days to respond by filing an answer. An answer includes the defendant's responses to the plaintiff's allegations and any defenses.

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Proposed Client Intake Sheet - General

Queens New York Proposed Client Intake Sheet - General

Name: Queens New York Proposed Client Intake Sheet - General
Brand: US Legal Forms
Rating: 4.77 (411 reviews)

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Attorneys

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Queens

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US-ATTY-11

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This is a multi-state form covering the subject matter of the title.

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A complaint where the plaintiff (or, in limited cases, the plaintiff's counsel) swears to the allegations, demonstrating to a court that the plaintiff has investigated the charges against the defendant and found them to be of substance.

Typically, the defendant has 30 days to respond by filing an answer. An answer includes the defendant's responses to the plaintiff's allegations and any defenses.

A summons with notice or summons and complaint must be served within 120 days of filing with the County Clerk.

A complaint can be verified by the plaintiff or by counsel. CPLR § 3020 (d). However, when the pleading is verified by counsel pursuant to CPLR 3020 (d) (3), and not by someone with personal knowledge of the facts, the pleading is insufficient for evidentiary purposes.

Unless otherwise stated in the notice, stipulation or order of discontinuance, the discontinuance is without prejudice, except that a discontinuance by means of notice operates as an adjudication on the merits if the party has once before discontinued by any method an action based on or including the same cause of

Typically, you have twenty calendar days from when you received the summons and complaint (not counting the day of service) to file a response with the court. But that time might be shorter in some cases.

Section 202.12 - Preliminary conference (a) A party may request a preliminary conference at any time after service of process. The request shall state the title of the action; index number; names, addresses and telephone numbers of all attorneys appearing in the action; and the nature of the action.

If the defendant does not reply to your claim, you can ask the court to enter judgment 'by default' (that is, make an order that the defendant pay you the amount you have claimed because no reply has been received). You should do this as soon as possible after the 14 days have passed.

Generally, verified complaints are not necessary and apply only to specified situations. New York has waived governmental (sovereign) immunity and permits claims against the state. There is a no compulsory joinder of parties. Numbered paper is no longer required for New York pleadings.

Answering a Summons and Complaint. The time to answer the summons and complaint is either 20 or 30 days, depending on how you got the papers: 20 days - if the summons was given to you by personal (in hand) delivery. 30 days - if the summons was given to you in any other way.

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Queens New York Proposed Client Intake Sheet - General

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FAQ

What is a verified complaint in NY?

How long does a defendant have to serve an answer to a complaint filed in the District or Superior court in NC?

How long do you have to serve a complaint in New York?

Who can verify a complaint in New York?

What is a notice of Discontinuance without prejudice New York?

How long does a defendant have to answer a complaint?

How do I get a preliminary conference in New York?

What happens if the defendant doesn't respond to the complaint?

Does a complaint need to be verified in New York?

How long does a defendant have to answer a complaint in New York?

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