What is the time period within which a defendant must serve an answer to a complaint?

within 60 days
The United States, a United States agency, or a United States officer or employee sued only in an official capacity must serve an answer to a complaint, counterclaim, or crossclaim within 60 days after service on the United States attorney.

When does a defendant have to respond to a waiving service?

By waiving service, a defendant is not called upon to respond to the complaint until 60 days from the date the notice was sent to it—90 days if the notice was sent to a foreign country—rather than within the 20 day period from date of service specified in Rule 12.

When do responsive pleadings have to be served?

CPLR §320 prescribes the time periods for when a responsive pleading must be served. This is generally 20 or 30 days from completion of service (20 days when service is by personal delivery to the defendant within New York State, 30 days all other times). Service is not always complete when the papers are delivered by the process server.

Can a person respond to an out of State summons?

However, if someone files a case against you from another state, the process involves a longer process to respond to a summons. Unless you want the judgment against you, you must make every effort to respond to the out of state summons, even if you must pay for a plane ticket to appear in court.

When is an answer not a proper response?

If the action was commenced by the filing of a summons with notice, then an answer is not the proper response. Rather, pursuant to CPLR §3012 (b), a defendant must serve a notice of appearance and demand for the complaint. The plaintiffs will thereafter have 20 days to serve the complaint.

How long after service does the Secretary of State have to answer?

In New York, the corporate defendant has only 20 days “after service” to file an answer to the papers commencing the lawsuit against it, which is not much time at all to hire a lawyer and get the answer together.[3] Once service is made on the Secretary of State or an underling in the Secretary’s office, the Secretary of State is required to

When does the defendant have to serve an answer?

Where a complaint or petition is served with the summons or notice of petition, the defendant shall serve an answer within twenty (20) days after the date the signed acknowledgment of receipt is mailed or delivered to the sender.

CPLR §320 prescribes the time periods for when a responsive pleading must be served. This is generally 20 or 30 days from completion of service (20 days when service is by personal delivery to the defendant within New York State, 30 days all other times). Service is not always complete when the papers are delivered by the process server.

When to respond to a complaint in New York?

CPLR §320 prescribes the time periods for when a responsive pleading must be served. This is generally 20 or 30 days from completion of service (20 days when service is by personal delivery to the defendant within New York State, 30 days all other times).