By: Robert J. Nahoum
THE PROBLEM:
A process served has shown up to your home to deliver a summons and complaint or you’ve come home to find a summons and complaint taped to your door? You’re being sued but how long do you have to file your answer?
The Rule:
Depending on how you were served, you will either have either 20 or 30 days to answer the summons and complaint:
- 20 days from the date of service if the summons and complaint was delivered to you or someone else in your home;
- 30 days from the date of service if the summons and complaint were not personally delivered to you or someone in your home.
WHAT YOU SHOULD DO:
Excuse the double negative but most importantly, don’t do nothing. If you fail to answer the summons and complaint you will have a default judgment entered against you.
So what should you do? If you’ve received a summons and complaint follow these steps:
- Determine first how you were served;
- Calculate the date your answer is due (20 or 30 days depending on how you were served);
- Determine if service was proper; and
- Prepare your answer.
If you need help settling or defending a debt collection law suit, stopping harassing debt collectors or suing a debt collector, contact us today to see what we can do for you.
The Law Offices of Robert J. Nahoum, P.C
(845) 232-0202
www.nahoumlaw.com
info@nahoumlaw.com
