Time to Answer Complaint in New York CPLR
The New York Civil Practice Law and Rules (CPLR) governs the procedural aspects of civil litigation in New York. One crucial aspect is the time frame for responding to a complaint, referred to as the time to answer.
Understanding the Time to Answer
Upon receiving a complaint, the defendant has a specific period within which to respond. This response typically comes in the form of an Answer, a formal document that addresses each allegation raised in the complaint.
Timeframe for Filing an Answer
The general rule is that the defendant has 20 days from the date of service of the complaint to file an Answer.
However, this timeframe can be affected by several factors:
- Service of Process: If the defendant is served with the complaint outside of New York State, the defendant has 30 days to respond.
- Waiver of Service: If the defendant waives service of the complaint, the defendant has 60 days to respond.
- Motion to Dismiss: If the defendant intends to file a Motion to Dismiss, they have 20 days to file such a motion. However, the defendant must also file a Notice of Appearance within the initial 20-day period.
Consequences of Failing to Answer on Time
Failure to file an Answer within the allotted timeframe can have significant consequences, including:
- Default Judgment: The plaintiff can apply for a Default Judgment, which essentially grants them everything they requested in the complaint without a trial.
- Preclusion of Defenses: Failing to raise certain defenses within the Answer may result in their being waived.
Extensions of Time
In certain circumstances, the Court may grant an extension of time to file an Answer. However, such extensions are typically granted only for good cause.
Seeking Legal Advice
Navigating the complex rules surrounding the time to answer a complaint can be challenging. If you receive a complaint, it is crucial to consult with an experienced attorney to ensure you understand your rights and obligations. An attorney can guide you through the process, assist with filing your Answer, and advocate for your interests throughout the litigation.