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Plaintiff Herein By , Complaining Of The Defendant, Alleges - Nycourts
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Ancillary FAQ
Failure to Respond: If a defendant fails to answer the complaint or file a motion to dismiss within the time limit set forth in the summons, the defendant is in default. The plaintiff can ask the court clerk to make a note of that fact in the file, a procedure called entry of default.
Steps in the court process Response or default: Once the case is filed, you generally have 30 days to respond to the lawsuit. If you do not respond, you will be in default.
The Response to a Counterclaim. A party served with a counterclaim must respond within 20 days of service (CPLR 3012(a)). A non-party served with a summons and answer containing a counterclaim also must respond within 20 days of service if the non-party was served by hand delivery in the state of New York.
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.
Typically, a plaintiff verifies a complaint by attaching a page at the end containing a statement made under oath that: The plaintiff has reviewed the complaint. The plaintiff knows or believes that all allegations that the plaintiff has personal knowledge of to be true.
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.
The Verified Complaint is the document your spouse and your spouse's lawyer have written up to give to the court to explain why he or she should be given a divorce from you. In New York State, because of the way the laws are written, you must have “grounds” in order to get divorced.
After a summons with notice is served, the defendant will demand that the plaintiff serve a complaint. The plaintiff must then have the complaint served within 20 days after being served with the demand, or the case may be dismissed.
Complied Related content
supreme court of the state of new york - county of
Plaintiff herein / by. , complaining of the Defendant, alleges that the parties are over...
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