Are weekends counted towards the 20 day time limit to answer a summons/complaint?

As Mr Rothstein noted week ends count, except when the last day to answer is a weekend or holiday. That being said, if you are late send your answer anyway, asap. Opposing counsel may not object if its only a few days late. In any event, no judge is going to give a default against you if you are only few days late.

Weekends do not count towards your time to answer only when the last day of your time to answer falls on a weekend or government holiday. Your time to answer the complaint in New York starts to run on the day after service of the summons and complaint is complete. If you were served by personal delivery within the State of New York (i.e. the process server gave you the Complaint while you were in New York) you have twenty days to answer starting from the day after you were served. New York Civil Procedure Rules and Laws Rule 320(a). If you were served by personal delivery on October 3, 2012, you must serve your answer by October 23, 2012. If you were served by "leave and mail" service (i.e. the process server left a copy of the summons and complaint with some at your residence or place of business that is of suitable age and discretion (this could be a minor who is old enough to know to give you the legal paperwork) and mailed you a copy), then your time to answer is 30 days after service is complete. New York Civil Procedure Laws and Rules Rule 320(a). The same 30 day period also applies if you were served by "nail and mail" service (i.e. the process server affixed a copy of the summons and complaint to the door of your business or residence and mailed a copy to you). In this situation your time to answer would be 30 days after service is complete. In these situations, service is complete when the plaintiff files an affidavit of service of the summons and complaint with the court. In practice, you will not know when the plaintiff files the affidavit of service with the court because they do not have to let you know; so its best to assume that the plaintiff did so immediately and you have 30 days (i.e. November 2, 2012). If you were served by personal delivery outside of New York, then your time to answer is 30 days after the personal delivery (i.e. the time runs even if the plaintiff has not filed an affidavit of service of the summons and complaint). Again, it would be November 2, 2012. If all this sounds complicated, imagine how hard it will be to try to figure out the appropriate answer, affirmative defenses, and procedure going forward. I would strongly recommend that you hire a lawyer to assist you.

Weekends count. If the last day falls on aweekend or holidy you get to the next day. If you are late thep laintiff can seek a default judgment.

Yes, weekends count. From my Android phone on T-Mobile. The first nationwide 4G network. ----- Reply message ----- ---------------------------------------- This email was sent by: , Inc. 1501 4th AveSuite 1900 Seattle, WA, 98101-1588, USA We respect your right to privacy - visit the following URL to view our policy. ( http://click.mail5.attorneyqna.com/?qs=2090c14cc65e953b5548a596fcd2afd4d906d1baad59566eb18729f3a4db9c2b48b9634aa8660326 ) ----------------------------------------