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MShore Law
MShore Law, Attorney
Category: Business Law
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Experience:  Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
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I received a summons to answer a verified complaint from New

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I received a summons to answer a verified complaint from New York Supreme court referring to a credit card debt. It was found stuck between doors & for all I know it could have been there for a month since we never use that entryway. Its says it must be answered within 20 or 30 days depending on how it was served but how will I know the date it was left here or 'Served'? There is no date on envelope either. Would filing a Motion to Dismiss be a good idea to help extend the filing time of the answer?

It is a 5pg doc with 1st being 'Consumer Credit Tranaction' & 'Filed' Stamp date of Sept 10, A 'Verified Formal Complaint" pg 2-3(dated Aug 31) , A 'Verification' pg 4 with sworn notery date (Aug 26) and a last page which seems to give options for how to serve papers with nothing filled in. On the back of last page is a short 'Notice of Entry', Notice of Settlement, and small caption of Plaintiff, defendant names.
Submitted: 3 years ago.
Category: Business Law
Expert:  MShore Law replied 3 years ago.
Thank you for the post, a default judgment has likely already been entered against you. You should contact the court clerk to learn whether a judgment has indeed been entered against you.
Customer: replied 3 years ago.

Sorry I was taken away.

I had called them & know there is no judgement yet but time is limited at this point (probably had been served mid October-ish :) Im pretty sure It is stating that if served in person I have 20 days to file my answer any other service as 30 days ...with me being at the 30 day status (pls correct me if wrong)

 

...my questions are:

1- Is this the same filing period (30 days) used for both the 'Motion to dismiss' and 'Answer?

2- It seems the 'Answer' need be filed separately with both the Plaintiff attorney & Supreme Court... would filing the 'Motion to Dismiss' follow the same guidelines as to who to it need be file with?

3- How do both the 'Motion' or 'Answer' need be served or filed? eg certified mail, in person etc?

4- Is it true that filing 'Motion' is generally what is done first?

Expert:  MShore Law replied 3 years ago.
Hello, your understanding is correct.

1) The filing period is the same, in any event you need to file an Answer.
2) Like the Answer, you would need to file two copies of a motion to dismiss with the clerk, one would then be sent to the plaintiff.
3) You can serve them via certified mail, or hand delivery (process server).
4) A motion to dismiss is filed before an Answer if it is clear that the complaint is utterly frivolous (i.e. even if the facts alleged are true there is still no legally recognized cause of action).
Customer: replied 3 years ago.

I again apologize for the delay in responding ...life is happening at a rapid pace today!

 

Just a little clarification please

On your answer 1) Your meaning is that an Answer will always need be filed ...but with a Motion filed it would come later (not filed at same time as Motion) correct?

2) Both a Motion (filed 1st) & Answer (coming later) would need to have 2 copies & both copies are filed with the clerk who would then in turn foward one copy to the plaintiff?

The "You can serve..." confused me a bit. So you mean I can file these copies with the clerk either by taking them in myself or by sending them certified mail? Where would a process server come in from my end?

Thanks so much for your patience!!

 

Expert:  MShore Law replied 3 years ago.
Hello,

1) You can file the Answer and Motion at the same time.

2)Correct, but unless you are absolutely sure your motion will be granted, you should file an Answer within the time frame to respond to the initial complaint.

3) The process server would be used, if you elect, to serve the other party. But you can also have the other party served via certified mail.
Customer: replied 3 years ago.

Last one, I promise (most likely!)

I was under the impression that with worst case & motion denied I would be right back here at square one? ...I would be notified of finding of denial and following that I would again be served upon with origional Summons of Complaint whereas I would need to file my Answer.

Would there be some sort of negative impact or any difference in general guidelines/procedure or chance for a favorable outcome without this already filed?

Expert:  MShore Law replied 3 years ago.
Hello, it is always safer to file an Answer then file the motion to dismiss, even if you file the document simultaneously.
MShore Law, Attorney
Category: Business Law
Satisfied Customers: 25285
Experience: Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
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