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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 37059
Experience:  30 years in civil, probate, real estate, elder law
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I have filled a summons as plaintiff pro se with notice with

Customer Question

i have filled a summons as plaintiff pro se with notice with ny supreme court ,i have index no
the summons simply says what they did wrong and what the damages are in monetary terms
how long do i have to serve the defendants ?proof of service ?
how long do i have to serve the actual complaint on defendants
can i get any extension to file complaint under any circumstances if i need more time ?
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. I am Ray and will be the expert helping you tonight.

A summons with notice or a summons and com plaint must be

served and proof of service filed within 120 days of getting your Index

Number.

After service has been done, the person who served the papers

must fill out an affidavit of service.The affidavit must be sworn to

and signed in front of a notary. This affidavit must describe

the date, place, time and how the papers

were served and indicate the sex, skin

and hair color, and the approximate age,

height and weight of the person served.

Expert:  Ray replied 1 year ago.

There is mot an an extension of the time limits here.The suit is subject to dismissal and you have to refile it .

I appreciate the chance to help you tonight.Thanks again.

Customer: replied 1 year ago.
can i serve the summ`ons with notice first within teh 120 days
wait for the defendants response or demand for the complaint and then serve the complaint
if so how long would i have to serve the complaint after defendant demands it after being served notice of the summons
Expert:  Ray replied 1 year ago.

You have 120 days from the time you file here and get the index number.

Every case filed in Supreme Court receives its own identifying case

number,known as an Index Number.

Forcases filed in New York County,

the initiating papers must be

filed in the County Clerk’s Office,***** Room

141B, in the basement, then served.

Expert:  Ray replied 1 year ago.

You may have to use the sheriff here to serve if you have not been able to accomplish this on your own here.

Thanks for the follow up.Good luck here.

Customer: replied 1 year ago.
im still not clear
i understood i can get index no which i have
however teh complaint has not been written or served
nor has the summons
i understood
i serve summons first
then defendants ask for the complaint
thne i serve it within a speciifc time frame ?
Expert:  Ray replied 1 year ago.

You file your suit here it is indexed and then you serve the summons with a copy of the suit attached.You have 120 days to either serve it and file the affidavit I gave you or have sheriff serve it for you.

Expert:  Ray replied 1 year ago.

The Affidavit of Service tells everyone about the service of the papers. It says:

  • What papers were delivered
  • Who delivered the papers
  • Where the papers were delivered
  • Date and time when the papers were delivered
  • How the papers were delivered
  • If given to someone, a description of the person
  • If papers were mailed, when and how

The Affidavit must be signed by the server in front of a notary public. After the Affidavit of Service is done, it must be filed with the Court.

Expert:  Ray replied 1 year ago.

Rule 305. Summons; supplemental summons, amendment.

  • Summons; supplemental summons. A summons shall specify the basis of the venue designated and if based upon the residence of the plaintiff it shall specify the plaintiff`s address, and also shall bear the index number assigned and the date of filing with the clerk of the court. A third-party summons shall also specify the date of filing of the third-party summons with the clerk of the court. The summons in an action arising out of a consumer credit transaction shall prominently display at the top of the summons the words “consumer credit transaction” and, where a purchaser, borrower or debtor is a defendant, shall specify the county of residence of a defendant, if one resides within the state, and the county where the consumer credit transaction took place, if it is within the state. Where, upon order of the court or by stipulation of all parties or as of right pursuant to section 1003, a new party is joined in the action and the joinder is not made upon the new party’s motion, a supplemental summons specifying the pleading which the new party must answer shall be filed with the clerk of the court and served upon such party.
  • Summons and notice. If the complaint is not served with the summons, the summons shall contain or have attached thereto a notice stating the nature of the action and the relief sought, and, except in an action for medical malpractice, the sum of money for which judgment may be taken in case of default.
  • Amendment. At any time, in its discretion and upon such terms as it deems just, the court may allow any summons or proof of service of a summons to be amended, if a substantial right of a party against whom the summons issued is not prejudiced.

Rule 306. Proof of service.

  • Generally.
    Proof of service shall specify the papers served, the person who was served and the date, time, address, or, in the event there is no address, place and manner of service, and set forth facts showing that the service was made by an authorized person and in an authorized manner.
  • Personal service.
    Whenever service is made pursuant to this article by delivery of the summons to an individual, proof of service shall also include, in addition to any other requirement, a description of the person to whom it was so delivered, including, but not limited to, sex, color of skin, hair color, approximate age, approximate weight and height, and other identifying features.
  • Other service.
    Where service is made pursuant to subdivision four of section three hundred eight of this chapter, proof of service shall also specify the dates, addresses and the times of attempted service pursuant to subdivisions one, two or three of such section.
  • Form.
    Proof of service shall be in the form of a certificate if the service is made by a sheriff or other authorized public officer, in the form of an affidavit if made by any other person, or in the form of a signed acknowledgement of receipt of a summons and complaint, or summons and notice or notice of petition as provided for in section 312-a of this article.
  • Admission of service.
    A writing admitting service by the person to be served is adequate proof of service.

Rule 306-a

Index number in an action commenced in supreme or county court.

  • Upon filing the summons and complaint or summons with notice in an action commenced in supreme or county court, an index number shall be assigned and the fee required by subdivision (a) of section eight thousand eighteen of this chapter shall be paid. Upon the filing of a summons and complaint against a person not already a party, as permitted under section one thousand seven or rule one thousand eleven of this chapter, the fee required by subdivision (a) of section eight thousand eighteen of this chapter shall be paid, but a separate index number shall not be assigned.
  • If a person other than the plaintiff or third-party plaintiff who served the summons or third-party summons obtains the index number and pays the fee therefor, the clerk shall issue an order directing the plaintiff or the third-party plaintiff to pay such person the amount of the fee paid. If such fee is not paid within thirty days of service of the order with notice of entry, the person who paid the fee, in addition to any other remedies available at law, may apply to the clerk for an order dismissing the action without prejudice.

Rule 306-b

Service of the summons and complaint, summons with notice, or of the third-party summons and complaint.

Service of the summons and complaint, summons with notice, or of the third-party summons and complaint shall be made within one hundred twenty days after their filing, provided that in an action or proceeding where the applicable statute of limitations is four months or less, service shall be made not later than fifteen days after the date on which the applicable statute of limitations expires. If service is not made upon a defendant within the time provided in this section, the court, upon motion, shall dismiss the action without prejudice as to that defendant, or upon good cause shown or in the interest of justice, extend the time for service.

Expert:  Ray replied 1 year ago.

These are the rules on service.

Expert:  Ray replied 1 year ago.

Thanks for the follow up.

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