New York Notice - served with Complaint and Summons

State:
Multi-State
Control #:
US-01237
Format:
Word; 
Rich Text
Instant download

Description

This is an instructive Notice meant to accompany a summons and complaint initiating civil litigation. The Notice informs the defendant of the proper actions to take regarding the complaint and the consequences of not following the proper procedure in responding.
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FAQ

Service of the summons and complaint, summons with notice, third-party summons and complaint, or petition with a notice of petition or order to show cause shall be made within one hundred twenty days after the commencement of the [A]ction, provided that in an [A]ction, except a proceeding commenced under the election ... Extensions of Time to Serve Process Under CPLR 306-b Freiberger Haber LLP ? Blog Freiberger Haber LLP ? Blog

If you still can't locate the defendant, you can ask the Court for permission to serve the defendant by mail. In other words, you are asking the Court to relieve you from using personal service or substitute service. I think the opposing party is avoiding service. What should I do? zuanichlaw.com ? i-think-the-defendant-is-a... zuanichlaw.com ? i-think-the-defendant-is-a...

Summary: A process server will try their best to serve you personally. However, if they can't find you, the court may grant an order for substituted service, and the lawsuit may proceed without you. What Happens If a Process Server Can't Serve You? | SoloSuit Blog solosuit.com ? posts ? process-server-cannot... solosuit.com ? posts ? process-server-cannot...

In most cases, three attempts will be made at different times of the day and on different days.

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

Once a summons and complaint or summons with notice have been served, a defendant must respond in writing within a limited period of time. The response is sent to the plaintiff's attorney or directly to the plaintiff, if the plaintiff is appearing is self represented.

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.

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New York Notice - served with Complaint and Summons