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File the Answer with the court and serve the plaintiff If you got an e-filing notice with the Summons, you can serve and file your Answer online using the New York State Courts Electronic Filing system. If you dont want to file online, you should file your Answer in the court where the case was started.
After the case is started by the plaintiff or petitioner, all legal papers that need to be served can be given to the other side in person or by regular mail, before giving the original papers to the court. Sample Affidavit of Service and Affidavit of Service By Mail.
If you choose to answer the summons in writing, you can either use the free form offered by the court, or you can create your own form. If you create your own form for the answer, it must be either typed or neatly handwritten.
To file a claim you must fill out forms and provide the correct business name, legal name, and business address. To find the business legal name, a County Clerks office can help you. You will have to pay a maximum $20.00 filing fee, depending on the amount of the claim, or where you live.
The written response must be made within 20 days of personal service, or within 30 days of the time when service by any other means is complete. If the defendant fails to respond he or she is in default and plaintiff may be able to obtain a default judgment against the defendant.
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You must fill out the Application for a Pro Se Summons form and submit it to the clerk in the county where you are suing, along with payment of the court fee. The fee must be paid by cash, certified check, money order or bank check. Personal checks will not be accepted.
Online Hearing (One-Click Hearing): You can fight your summons by sending OATH Hearings Division a defense using a simple online form. You must make sure your case is eligible and the form must be submitted on or before the scheduled hearing date.
You may be able to respond to your summons by submitting your defense online or by mail. Please visit the Hearing Online page and the Hearing by Mail pages to learn if your summons is eligible. If so, OATH must receive your written defense submission prior to the scheduled hearing date.

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