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Civil procedure

defendant's answer to lawsuit

When a plaintiff (person or entity) files a lawsuit, the person or entity being sued is generally known as the defendant. The defendant is served with (usually handed in person) a copy of the lawsuit, accompanied by information stating the time within which the defendant must file an answer to the lawsuit—usually 20 to 30 days after receipt of the lawsuit.

In New York, when a plaintiff initiates a lawsuit, the party against whom the lawsuit is brought is referred to as the defendant. The defendant must be properly served with a copy of the summons and the complaint, which are the legal documents that start the lawsuit. Service of these documents is typically done in person, although there are other methods of service permitted under certain circumstances. Once served, the defendant has a specific time frame to respond to the complaint, known as filing an answer. In New York, the time frame for a defendant to answer a complaint is generally 20 days if the service was made in person within the state, and 30 days if the service was made in any other manner or if the defendant is located outside of New York State. This response period is crucial, as failure to answer within the allotted time can result in a default judgment against the defendant, granting the plaintiff the relief sought in the complaint without further contest.

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Civil procedure

defendant's answer to lawsuit

Individual & Family Legal Plan

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Civil procedure

defendant's answer to lawsuit

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