I was served with a summons and complaint and do not know what to do.
Answer
Always read the first page of the summons which tells you what your next step is and how to respond within the appropriate time frame. The Court Help page provides explanation, and the attached bibliography lists Public Access Law Library resources. How you answer or respond is critical.
To avoid a default, you can file a Notice of Appearance. CPLR 320 governs. Many local courts have sample Notice of Appearance forms.
Court Help Definitions:
summons: A notice to a person that he or she is being sued. It lets him or her know where and when the answer must be filed. It also lets the person know that if he or she does not answer by the deadline a default judgment may be entered against him or her.
complaint: A written statement that starts a case. It says what the plaintiff says the defendant did and it asks the court for relief (help). Also called the initial pleading or petition.
Links & Files
- CourtHelp > Going to Court > How Legal Papers Are Delivered (Service) Opens in new window
- CourtHelp > Going to Court > How Court Cases Start Opens in new window
- Kings Supreme Court Help Center Opens in new window
- Forms -- Family Court Opens in new window
- Queens Supreme, Civil Term Opens in new window
- Queens Supreme Matrimonial Opens in new window
- 1st Judicial District Help Center Opens in new window
- 6th Judicial District Unrepresented Forms Opens in new window
- 8th Judicial District Forms for the Self-Represented Opens in new window
- 10th Judicial District -- Court Information Center General Forms Opens in new window
- Service_and_Summons_and_Complaint.pdf