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Video Guide on Summons and Complaint Forms management

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Commonly Asked Questions about Summons and Complaint Forms

After a summons with notice is served, the defendant will demand that the plaintiff serve a complaint. The plaintiff must then have the complaint served within 20 days after being served with the demand, or the case may be dismissed.
An Answer must be in writing and the entire caption, including the index number and an original signature is required. The Answer can be mailed to the County Clerks office. If it is an E-Filed case, the Answer needs to be uploaded to the New York State Court Electronic Filing website.
The rules state that service can be done by delivering the summons within the state to a person of suitable age and discretion at the actual place of business, dwelling place or usual place of abode of the person to be served and by either mailing the summons to the person to be served at his or her last known
How can the complaint be served? A person who is not a party to the case and is over the age of 18, can personally deliver or serve the summons and complaint on the defendant(s). The summons and complaint can be served by sending them by certified mail with restricted delivery and return receipt.
Like desk appearance tickets, summonses can charge you with a misdemeanor and in New York, a misdemeanor is a crime which means being convicted of a misdemeanor can give you a permanent criminal record.
The time to answer the summons and complaint is either 10, 20 or 30 days, depending on how you received the papers and whether the case is in a court inside or outside New York City: 10 days - if the summons and complaint were given to you by personal (in hand) delivery within the county.
A summons with notice is a type of summons. The summons with notice is not served with the complaint. It contains all of the information described above for the summons, plus a brief description of the type of case and the relief the plaintiff is asking the court to grant.