Virgin Islands 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

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 average Virgin Islands statute of limitations is around two years for most civil cases. This means that for whatever civil crime is committed, the plaintiff has two years from the date of the crime to talk to a lawyer.

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.

CPLR 203(g). A reply to a counterclaim must be served within twenty (20) days of service of the pleading containing the counterclaim.

An answer to a counterclaim is a written response by a Plaintiff to a Defendant's counterclaim. The answer to counterclaim must also state defenses to each of the Defendant's counterclaims in short, plain statements.

Substituted Service (CPLR 308(2)): If service is made by leaving the summons at the defendant's dwelling or usual place of abode with a person of suitable age and discretion, and then mailed, the defendant has 20 days from the date the affidavit of service is filed to answer.

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.

The plaintiff shall serve a reply to a counterclaim in the answer within 20 days after service of the answer, or, if a reply is ordered by the court, within 20 days after service of the order, unless the order otherwise directs.

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Virgin Islands Notice - served with Complaint and Summons