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Time To Answer Complaint In Schenectady, Ny City Civil Court

Corporate Law Discussions

Time To Answer Complaint In Schenectady, Ny City Civil Court

Postby Weifield » Thu Dec 01, 2016 2:32 pm

- A Midland Funding(by Cohen & Slamowitz)complaint and summons is dated 27 Jan. 2011, has a hand written index number, and the last of its 3 pages shows a copy of a court payment receipt matching the index number dated 14 March 2011. - An affidavit of service for substituted service was filed with the court on 12 April 2011(there is a barely visible stamped date). - Setting aside issues with the affidavit of service and summons and complaint copies, when does the 30 days to answer start and then expire? This would be for substituted service.

- We are confused because the summons refers to "after service is complete within which to answer". When is service completed for substitute service?
Weifield
 
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Joined: Mon Jan 13, 2014 4:49 am

Time To Answer Complaint In Schenectady, Ny City Civil Court

Postby Odakota » Fri Dec 02, 2016 5:50 am

EM:

Good question.  When substituted service is used, the filing of proof of service is required.  It must be made within 20 days after the delivery or mailing, whichever is effected later.  Service then becomes complete 10 days after proof of service is filed, which means only that your responding time will not start until then.  

The responding time is 30 days.  Integrating the 10-day period, the easiest way to remember this point is that when substituted service is used, you actually have 40 days in which to respond, measured from the filing of proof of service.  

Remember, in the lower courts, such as Schenectady City Court, both the delivery and the mailing must be carried out within the statute of limitations. Also, look at my previous posts for defenses to this case. If you have any questions or require further assistance, please do not hesitate to ask.

Jason A. Shear

Attorney at Law

Shear Law Firm, P.C.

Buffalo, New York

Phone:(716) 566-8988  
Odakota
 
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Time To Answer Complaint In Schenectady, Ny City Civil Court

Postby Coltrane » Sat Dec 03, 2016 8:55 pm

- A Midland Funding(by Cohen & Slamowitz)complaint and summons is dated 27 Jan. 2011, has a hand written index number, and the last of its 3 pages shows a copy of a court payment receipt matching the index number dated 14 March 2011. - An affidavit of service for substituted service was filed with the court on 12 April 2011(there is a barely visible stamped date). - Setting aside issues with the affidavit of service and summons and complaint copies, when does the 30 days to answer start and then expire? This would be for substituted service.

- We are confused because the summons refers to "after service is complete within which to answer". When is service completed for substitute service?
Coltrane
 
Posts: 37
Joined: Sun Mar 09, 2014 9:14 pm


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