In the state of NY, how long defendant have to respond to lawsuit?
In the state of NY, how long the defendant have to respond to lawsuit?
Answers:
The defend is required to respond on the date he is notified to appear in court. If he doesn't the plaintiff can request and receive a default judgment.
This depends on how the defendant is served. Generally speaking, the defendant has 20 days to respond from the date of being served (assuming he was served by personal delivery or "nail and mail" -- i.e., leaving a copy at defendant's house and mailing a copy). If defendant was served by any other means, he has 30 days to respond.
Finally, I assume you mean in NY STATE court? If you are in NY FEDERAL court, then you generally have 20 days from date of service under almost any circumstances.
Also, in both cases, the summons usually tells the defendant the specific date to reply by, so be sure to check there.
There are exceptions and special circumstances that would change this answer, so you should call an attorney. This is very important, because (1) attorneys are very good at getting you time extensions and (2) this is a critical stage of litigation -- if you are even one day late, you can be "defaulted," meaning that you lose the lawsuit for failing to respond in time.
Good luck -- and call a lawyer!
Not sure as to NY, check local court rules for the particular court, because it could vary. If in doubt call the bar association for help in finding an attorney. Under the federal rules a defendant normally has 30 days after a return of service has been filed. If you have been served the time in which to answer should be spelled out clearly on the summons, if it is not there are due process concerns. Again if you are unsure what to do and you think the clock is ticking call you local bar association for help in finding an attorney.
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