How do I file a pro se Answer in Supreme Court

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How do I file an Answer to a civil Summons & Complaint? Court is on Tue 6/1 . Was served on 5/12 so is it ok to go to court w/out Answer and ask for court-appointed atty since I'm on SSI?? The process server left at my door so technically I have 30 days from the date I was served to answer, correct? This is a civil matter. Thank you. Thank u both for answers so far. Do I need to "Answer" the Complaint in document form or can I just show up in court? I was served with only 20 days to the court date so that doesn't give me any time and I consulted an atty, he wanted $5000, so that's out of the question. One more thing... The process server left S&C at our door and next day fedex delivered 2nd copy, so neither constitute personal delivery, correct? I want to be sure I have 30 days to answer the Complaint if I need to answer. Thank you!!!!

Attorney Answers

3
Theodore Araujo ·
The first thing you need to do if and when you get sued is file an Answer. The summons will tell you that you must “appear” by way of an Answer in 10, 20 or 30 days, “depending on the method of service.” PLEASE CHECK THE LAW IN YOUR STATE AS YOU MAY ACTUALLY HAVE TO APPEAR IN COURT, AS IN VIRGINIA, IN ORDER TO AVOID A DEFAULT! You need a lawyer, but if you cannot afford one right away, rather then do nothing and have a judgment entered against you, is to “appear” by filing something! Many people think this means they have to go to Court and this is incorrect. 90% of all lawsuits end in Default Judgments because the defendant (person getting sued) did not file an Answer. I recommend you go to the free form I have on my website. Print it out and fill it out as instructed. You must answer the numbered paragraphs on the Complaint by writing them into the appropriate lines in the Answer. The Answer will allow you to preserve your rights and will prohibit a default judgment (i.e. you did not show up) from being entered against you. Mimic the paperwork you got when you got sued. Answer all the paragraphs of the Complaint by writing the numbers in lines 1, 2 or 3. Almost 100% of attorneys will deny what is owed because they did not do the calculations and do not know what the basis for the number is… When you file the Answer that is your “not guilty”. You have the right to make the person suing you (Plaintiff) prove their case, but you must also answer the complaint truthfully. Make sure you fill in the name and address of the attorney suing you before you bring this paperwork to the Court. Mail it to the attorney suing you right away! Check out the guide I have drafted on the profile. This will provide more detailed instructions. If it is helpful remember to indicate that and get the guide read! Good Luck! Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and Massachusetts only and make no attempt to opine on matters of law that are not relevant to those three States. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your locale before you act on any of this advice. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship. The opinions expressed herein are those of the author only and the fact that he has worked as an Assistant District Attorney; State Supreme Court Clerk; Special Assistant United States Attorney (Hawaii); Assistant Cornell University Counsel or Judge Advocate, United States Marine Corps should not be relied upon to assume that these statements reflect the policy of these organizations.
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Susan PernickLitigation LawyerGlen Head, NY ·
First, you must be sure you file on time. You have thirty days from the date the papers were served on you (excluding the day of actual service) if the paper was not actually handed to you. If your answer is due on a Sunday, you have until the next day to file (unless it's a NY State holiday, in which case you have until Tuesday). In Supreme Court, you cannot use what's called a General Denial. You must specifically answer each paragraph of the complaint. Number each answer that corresponds to each number of the complaint. If you have a counterclaim, set it forth in your answer. Label it a counterclaim, and set forth each allegation in a numbered paragraph, including the nature of the relief you are seeking, including the dollar amount, if any. The answer must be served on the other side - mailed to their attorney with proper postage - by someone else, who must sign an affidavit of service. You can find the appropriate form on line. The affidavit must be signed and notarized. Send the answer, with the notarized affidavit of service, to the court clerk for filing. Send along a stamped, self-addressed postcard that the clerk can send back to you acknowledging the filing. I don't believe Legal Aid will represent you because this is a civil case, even though you're on SSI, but you should check. DISCLAIMER -- THIS IS NOT LEGAL ADVICE. THIS IS FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND DOES NOT GIVE RISE TO AN ATTORNEY-CLIENT RELATIONSHIP.
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Susan PernickLitigation LawyerGlen Head, NY ·
In response to the second part of your question, you must show up in court on 6/1, because you've apparently been served with an Order to Show Cause, which has a fixed return date. You cannot ignore it, or you can be jailed for contempt. The complaint should have been annexed to the OSC, but you should have been separately served with it. That date is what starts the clock for when you have to answer. When you go to court on June 1, bring every paper you've been given, sent, or that's been left for you, including all envelopes and wrappings, along with you. Of course, bring your answer with you. File the answer with the clerk, in the basement of 60 Centre Street. Make sure you have the index # on it. Bring 3 extra copies, and ask the clerk to time-stamp them all. When you get to the courtroom, wait until your case is called. You haven't said what the dispute is about, so I can't tell you what to expect. Good luck. DISCLAIMER - THIS IS NOT LEGAL ADVICE. THIS IS INTENDED TO BE AND IS FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND DOES NOT CREATE AND ATTORNEY-CLIENT RELATIONSHIP.
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