Legal Question in Personal Injury in New York
Summons/ complaint
a gentleman handed me a copy of a complaint filled againt me for a personal ingery supposedly happened on my property. the stamp on the document is 3-10-05, via superem court, i recieved this on 5-24-05. the document says i have 20 days to respond. Is that from the date given to me or is this 70 days over due. i did not sign for this nor got the persons name. what do i do?
3 Answers from Attorneys
Re: Summons/ complaint
The answer to your question is that you have 20 days from the date that the summons and complaint were served on you, i.e. handed to you. Assuming you have insurance on your property, to the extent you haven't done so already, I would call the insurance company to inform it of the claim that has been asserted.
Re: Summons/ complaint
It is 20 days from the date of service. (From when you were handed the papers). If you have insurance for your property call your broker and report the lawsuit. If you do not have insurance you should hire a lawyer quickly to represent you otherwise your assets including your property may be in jeopardy. You can answer the lawsuit yourself but if you don't do it correctly it can cause you big problems.
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Re: Summons/ complaint
The 20 days is from the day you receive the documents.
Inform your insurance company immediately!
If the insurance company wants to play 'hardball', they can have the complaint dismissed without prejudice because no 'affidavit of service'as filed with the court within 30 days of filing the complaint. The affidavit of service needed to be filed by April 9, 2005 to be effective.
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