Legal Question in Civil Litigation in New York

Re: Responding to a civil complaint

This is a practical answer because it seems that you do not want to engage an attorney.

You always have the right to appear "pro se", that is, for yourself without an attorney. However, without knowledge of civil procedure, defenses and other litigation tactics, you could be placing yourself at risk if you are up against an experienced attorney.

Depending on how you were served, you may have more than 20 days to respond to the complaint.

Finally, given that many of you were named as defendants, if your interests are aligned and you agree to waive any conflicts that might arise, you might consider hiring one attorney to represent all of you,thereby reducing the costs of defending the case.

Without seeing your documentation, I cannot opine on any state of facts for your case and this answer is general in nature and does not constitute legal advice.

Good luck.

Michael S. Paradise

Re: Responding to a civil complaint

One thing is certain. A complaint should not be ignored. If you ignore itm the plaintiff can mover for default against you and you can be subject to damages.

While there is nothing in the law which denies you the right to answer the complaint yourself, there is also nothing in the law which denies you the right to perform root canal surgery on yourself. You should consider at least consulting with a lawyer for advice on how to proceed. If two or more of the named defendants have identical interests you may want to consider hiring an attorney together. However, you should be warned, that if your itnerests are not identical, it is possible that a conflict can be created by 2 or more people sharing the same attorney and such a scenario could disqualify the attorney from further representation of either party. Also when 2 or more parties are joined by the same counsel and there are conversations involving the attorney and 2 or more clients, you may sacrafice attorney-client privilege with remarks that between them.

If you would like to discuss representation, please feel free to call me, Should you like to discuss on how to proceed with this on your own, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699

Re: Responding to a civil complaint

This sounds like some excitement you did not need! You don't tell me very much about the case, but I can say it is standard to sue everyone and let the courts sort out who the proper parties are.

The simplest advice I can give you is to file an 'answer' to prevent a default judgment against you. At the top of the page write the name of the court and the county in which the court resides. then write the word 'answer' in bold, capital letters. Then write the index number of the case. Then skip a couple of lines and write 'I deny everything'. Then print and sign your name with todays date.

That is sufficient to make a legal answer and avoid a default judgment. It will give you time to plan your next move. Find out how your company is handling the case and discuss your interests with the other defendants and then make your own decision on how you will continue. You are welcome to a consultation at no fee at my offices at 42 West 44th St., NY,NY. Please call for an appointment first (646)591-5786.

Re: Responding to a civil complaint

You respond to the complaint by serving and/filing a complaint, depending on what court you are in. If you do not do it within the time permitted, the plaintiff can take a default judgment against you and then go after any assets you may have.

While you can file an Answer on your own, and represent yourself, I always believe that this is a BIG mistake, no matter what type of case you are involved in. It pays to hire a lawyer to represent you because your attorney will be familiar with potential defenses that you must raise in your answer and the rules regarding discovery, among other things. If you do not hire a lawyer, it is likely that the other side will be able to take advantage of you.

If you would like to discuss your case, feel free to call me at (212) 622-7180.