New York General Form of an Answer by Defendant in a Civil Lawsuit

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Multi-State
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US-00961BG
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This is an answer to a civil lawsuit which includes affirmative defenses.

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How to fill out General Form Of An Answer By Defendant In A Civil Lawsuit?

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FAQ

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.

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.

In order to avoid a default, the Defendant must respond upon being served with either the summons with notice or the summons and complaint within the applicable time frame. These deadlines are found in CPLR §320(a) and are 20 or 30 days depending on how service was made.

In that situation, service is not complete until ten days after plaintiff files an affidavit of service of the mailing per CPLR § 308(2). The answer is due thirty days after service is complete per CPLR § 3012(c).

The stipulation should contain all the terms of the agreement, including the name of the case, the Index Number and a statement that both parties agree that the Defendant has asked for and been given an extension of time to serve his/her answer or to make a motion concerning the complaint and that the new deadline is ...

For each paragraph in the complaint, state whether: the defendant admits the allegations in that paragraph; denies the allegations; lacks sufficient knowledge to admit or deny the allegations; or admits certain allegations but denies, or lacks sufficient knowledge to admit or deny, the rest.

Generally, if the complaint has been sworn to (verified), then the answer must be verified as well (CPLR §3020). The answer must be served upon the Plaintiff and all other parties (every Plaintiff and Defendant). In contrast to service when initiating a lawsuit, service by mail is sufficient.

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New York General Form of an Answer by Defendant in a Civil Lawsuit