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Either a summons and complaint or a summons with notice are prepared to start an action. If a summons with notice is used, you will have to file and serve a complaint later in the case. These are known as initiating papers.
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.
There are three ways to deliver legal papers to start a case. Personal delivery. The papers are handed to the defendant or respondent. ... Substituted delivery. Papers are left with someone else to give to the defendant or respondent and copies of the papers are mailed. ... Conspicuous delivery.
A summons with notice or summons and complaint must be served within 120 days of filing with the County Clerk.
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.
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.
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.
You must fill out the Application for a Pro Se Summons form and submit it to the clerk in the county where you are suing, along with payment of the court fee. The fee must be paid by cash, certified check, money order or bank check. Personal checks will not be accepted.