New York Answer to a Complaint
New York gives you 20 calendar days to answer if served in person, 30 days for other service under CPLR 320(a). Miss it and the plaintiff can take a default.
Introduction
A New York Answer to a Complaint is the written response a defendant files after being served with a summons and complaint in a civil case. It admits or denies each numbered allegation in the complaint, raises any affirmative defenses, and can include a counterclaim against the plaintiff. The deadline turns on how you were served. Under N.Y. C.P.L.R. 320(a), you have 20 calendar days to appear and answer if the summons was personally delivered to you inside New York, and 30 calendar days if it was served by any other method, such as service on an agent or service outside the state. Most general civil cases proceed in the Supreme Court of the State of New York, which has no statewide mandated answer form, so the answer is typed as a custom pleading with a caption that follows N.Y. C.P.L.R. 2101(c). The answer is filed electronically through NYSCEF in most Supreme Court cases, and a copy is served on the plaintiff. If you do not answer in time, the plaintiff can seek a default judgment under N.Y. C.P.L.R. 3215(a), which you would then have to move to vacate within one year. DocDraft drafts a New York-formatted answer from your facts, with attorney review available before you file.
Key Things to Know
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Your deadline depends on how you were served. Under N.Y. C.P.L.R. 320(a), you have 20 calendar days to answer if the summons was personally delivered to you inside New York, and 30 calendar days if it was served by any other method, including service on an agent or service outside the state.
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Most general civil cases are heard in the Supreme Court. The Supreme Court of the State of New York handles general civil actions, the County Court hears cases up to $25,000, and the NYC Civil Court hears cases up to $50,000.
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There is no statewide Supreme Court answer form. The answer is typed as a custom pleading with a caption that follows N.Y. C.P.L.R. 2101(c). The NYC Civil Court does provide a free fill-in answer form (CIV-GP-58) for cases filed there.
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Most answers are e-filed through NYSCEF. Electronic filing via NYSCEF is mandatory for most Supreme Court cases. You can also file by mail or in person with the County Clerk where the action is pending.
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There is no fee to file the answer in Supreme Court. Filing an answer costs $0, though fees apply if you later file a Request for Judicial Intervention or a motion. If you cannot afford court fees, you can file an Affidavit in Support of Application to Proceed as a Poor Person.
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Other case types have their own deadlines. Small claims requires no written answer; you appear at the hearing under N.Y. City Civ. Ct. Act 1804. A nonpayment eviction answer is due within 10 calendar days under N.Y. Real Prop. Acts. Law 732(3).
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You can include affirmative defenses and a counterclaim. Common defenses include statute of limitations, payment, release, and discharge in bankruptcy. Under N.Y. C.P.L.R. 3019(a), a counterclaim is permissive and may be any cause of action you have against the plaintiff.
Key Decisions
Answer to a Complaint Requirements
The full name of the court and judicial district where the lawsuit was filed, exactly as it appears on the summons.
The plaintiff's and defendant's full legal names as listed in the complaint, with you named as the defendant.
The case or docket number assigned by the court, found on the summons and the complaint.
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New York Requirements for Answer to a Complaint
Under N.Y. C.P.L.R. 320(a), file your answer within 20 calendar days if the summons was personally delivered to you inside New York, or within 30 calendar days if it was served by any other method. Calendar the correct date based on how you were served.
The Supreme Court of the State of New York has no statewide mandated answer form, so the answer is typed as a custom pleading. The NYC Civil Court offers a free fill-in answer form (CIV-GP-58) for cases filed in that court.
Format the caption to follow N.Y. C.P.L.R. 2101(c), naming the Supreme Court of the State of New York and the county, the plaintiff and defendant, and the index number assigned to the action.
File the answer with the clerk of the court where the action is pending, often the County Clerk in a Supreme Court action. Electronic filing through NYSCEF is mandatory for most Supreme Court cases; you can also file by mail or in person.
After filing, serve a copy of the answer on the plaintiff or the plaintiff's attorney under N.Y. C.P.L.R. 2103(b), by mail, facsimile, overnight delivery, or electronic means where consented to or required by NYSCEF.
There is no fee to file an answer in the Supreme Court, though fees apply if you later file a Request for Judicial Intervention or a motion. If you cannot afford court costs, file an Affidavit in Support of Application to Proceed as a Poor Person.
Plead any affirmative defenses you intend to rely on, such as statute of limitations, payment, release, fraud, illegality, or discharge in bankruptcy. In debt cases the limitations period is six years on a written contract under N.Y. C.P.L.R. 213(2) and three years for consumer credit under N.Y. C.P.L.R. 214-i.
Under N.Y. C.P.L.R. 3019(a), a counterclaim is permissive and may be any cause of action you have against the plaintiff. Raise it within your answer if you have a related claim of your own.
Frequently Asked Questions
It depends on how you were served. Under N.Y. C.P.L.R. 320(a), you have 20 calendar days to appear and answer if the summons was personally delivered to you inside New York, and 30 calendar days if it was served by any other method, such as service on an authorized agent or service outside the state. A nonpayment eviction answer is due within 10 calendar days under N.Y. Real Prop. Acts. Law 732(3), and small claims requires no written answer because you appear at the hearing. Missing your deadline can lead to a default judgment.
There is no statewide mandated answer form for the Supreme Court of the State of New York. The answer is typed as a custom pleading on paper with a caption that follows N.Y. C.P.L.R. 2101(c), identifying the court, the parties, and the index number. The NYC Civil Court provides a free fill-in answer form (CIV-GP-58) for cases filed in that court.
You file with the clerk of the court where the action is pending, often the County Clerk in a Supreme Court action. Electronic filing through NYSCEF is mandatory for most Supreme Court cases. You can also file by mail or in person. After filing, you serve a copy of the answer on the plaintiff or their attorney by mail, overnight delivery, facsimile, or electronic means under N.Y. C.P.L.R. 2103(b).
There is no fee to file an answer in the Supreme Court of the State of New York. Fees apply later if you file a Request for Judicial Intervention or a motion. If you cannot afford court costs, fees, and expenses, you can file an Affidavit in Support of Application to Proceed as a Poor Person, which the court grants based on your income and property.
If you fail to appear or answer in time, the plaintiff may seek a default judgment against you under N.Y. C.P.L.R. 3215(a). If a default judgment is entered, you can move to vacate it within one year under N.Y. C.P.L.R. 5015(a)(1) by showing an excusable default, but the reliable path is to answer on time.
Yes. Under N.Y. C.P.L.R. 3019(a), a counterclaim is permissive and may be any cause of action in favor of one or more defendants against the plaintiff. You raise it within your answer. You can also assert affirmative defenses in the same answer, including statute of limitations, payment, release, fraud, illegality, and discharge in bankruptcy.