How Long Do You Have To Answer A Complaint In Washington For Out Of State Service?
How Long Do I Have To Respond A Summons & Complaint?
- March 12, 2013
- rnahoum
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Past: Robert J. Nahoum
THE PROBLEM :
A process server has shown upwards to your home to deliver a summons and complaint or y'all've come home to find a summons and complaint taped to your door? You're being sued but how long do you have to file your answer?
The Rule :
How you were served will guide how long you have to answer the lawsuit and avoid a default judgment. You will either have either 20 or 30 days from when service is complete to answer the summons and complaint:
- 20 days from the engagement of service if the summons was delivered personally to y'all;
- 30 days if the summons was not personally delivered to you lot (i.e. delivered to another person in your home or posted to your door).
The key to measuring your fourth dimension to respond the summons is knowing when "service is complete" because information technology is at this moment when the 20 or 30 day clock starts to tick.
If service of the summons was delivered personally to you – service is "complete" and the 20 mean solar day clock starts to tick every bit shortly equally the papers are handed to you.
The timeframe is much less clear if service is by other means. Pursuant to CPLR §308(2), if the summons was not personally delivered to you, service is "complete" 10 days from the appointment when the affidavit of service is filed with the court.
So to calculate how long you have to answer a summons and complaint afterward service other than personal service – you must first acquire when the affidavit of service is filed with the courtroom. You then add 40 days to that engagement and that is when your answer is due.
WHAT YOU SHOULD DO :
Alibi the double negative but most importantly, don't exercise null. If you fail to reply the summons and complaint yous volition accept a default judgment entered against you.
So what should you do? If you've received a summons and complaint follow these steps:
(ane) Make up one's mind starting time how you were served;
(2) Calculate the date your answer is due;
(iii) Determine if service was proper; and
(iv) Gear up your answer.
If you demand help settling or defending a debt collection law suit, stopping harassing debt collectors or suing a debt collector, contact u.s. today to see what nosotros can do for you. With function located in the Bronx, Brooklyn and Rockland County, the Law Offices of Robert J. Nahoum defends consumers in debt collection cases throughout the Tristate surface area including New Jersey.
The Law Offices of Robert J. Nahoum, P.C
(845) 232-0202
www.nahoumlaw.com
info@nahoumlaw.com
Tags: consumer debt drove , consumer protection , debt drove defense , debt collector , debt defense , default judgment , legal debt defense force
Source: https://nahoumlaw.com/how-long-do-i-have-to-answer-a-summons-complaint/
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