How to Respond to a Lawsuit in New York: Answer a Summons (2026)

Reviewed by DocDraft Legal Team. New York. Last updated 2026-06-02

In New York, the time to respond to a civil summons turns on how you were served. Under N.Y. C.P.L.R. § 320(a), a defendant served in person within the state has 20 calendar days to appear and answer, but the deadline is 30 calendar days after service is complete when the summons is served by most other methods, including the common deliver-and-mail method under CPLR 308(2). Because deliver-and-mail is the method many defendants are actually served by, most readers are working against a 30-day clock, not 20, so leading with a flat 20 days misleads most people. The window is different in other tracks. A nonpayment eviction answer is due within 10 calendar days of service under N.Y. Real Prop. Acts. Law § 732(3), while small claims requires no written answer because the defendant simply appears at the hearing under N.Y. City Civ. Ct. Act § 1804. If you miss your deadline, the plaintiff can seek a default judgment under N.Y. C.P.L.R. § 3215(a), which you can later move to vacate within one year under § 5015(a)(1) by showing an excusable default.

How long do I have to respond to a lawsuit in New York?

It 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 within New York State. You have 30 calendar days after service is complete if you were served by most other methods, including the common deliver-and-mail method under CPLR 308(2). Because deliver-and-mail is so common, most defendants are actually on the 30-day clock, not 20.

How do I respond to a civil summons in New York?

You respond by serving a written answer on the plaintiff's attorney and filing it with the clerk of the court where the action is pending, usually the County Clerk in a Supreme Court case. Under N.Y. C.P.L.R. § 2103(b), you serve the answer by mail, overnight delivery, facsimile, or electronic means. Most Supreme Court cases require e-filing through NYSCEF. The answer admits or denies each numbered allegation and states your defenses.

What happens if I don't answer a summons in New York?

If you do not appear or answer by your deadline, the plaintiff can seek a default judgment against you under N.Y. C.P.L.R. § 3215(a). The court can enter judgment for what the complaint demands, often without a trial, which can lead to wage garnishment or frozen accounts. You may later move to vacate the judgment within one year under § 5015(a)(1) by showing an excusable default, but that relief is not guaranteed.

How do I answer a summons without an attorney in New York?

Self-represented defendants can file an answer themselves. In NYC Civil Court you can use the free fill-in Answer form (CIV-GP-58) or answer orally at the clerk's office. In Supreme Court there is no statewide mandated form, so you type the answer on pleading paper that follows the caption rule in N.Y. C.P.L.R. § 2101(c). Serve the plaintiff, file with the court, and request a fee waiver if you cannot afford any required fees.

New York response framework at a glance

New York's response deadline turns first on how you were served and which track your case is in. For a general civil case, N.Y. C.P.L.R. § 320(a) sets two different clocks: 20 calendar days to appear and answer if the summons was personally delivered to you inside New York State, but 30 calendar days after service is complete if you were served by most other methods. This distinction matters because the common deliver-and-mail method under CPLR 308(2), where the summons is left with a suitable person and then mailed, falls in the 30-day group, so many defendants who assume a flat 20-day rule actually have 30 days, and the 30 days run from when service is legally complete rather than the day the papers arrived. A nonpayment eviction is the short track: N.Y. Real Prop. Acts. Law § 732(3) gives the respondent 10 calendar days from service of the notice of petition and petition to answer before the judge can enter judgment for the petitioner. Small claims is different again. Under N.Y. City Civ. Ct. Act § 1804 no formal written answer is required, and the defendant simply appears at the scheduled hearing. Answers are served on the plaintiff's attorney under N.Y. C.P.L.R. § 2103(b) and filed with the clerk of the court where the action is pending, with most Supreme Court matters filed electronically through NYSCEF. The New York State Unified Court System self-help site at www.nycourts.gov is the official source for court forms, the NYC Civil Court Answer form, and fee-waiver (poor person) relief.

Court Resources

NY Courts. Trial courts and where your case is heard

Unified Court System page explaining New York's trial courts, including Supreme Court, County Court, NYC Civil Court, and the local small claims parts, which determines where a defendant files an answer.

NYC Civil Court Answer form (CIV-GP-58)

The free fill-in answer form a defendant in NYC Civil Court can use to respond to a summons and complaint, including consumer debt cases, available as a PDF from the Unified Court System.

NY Courts. Fee waivers and poor person relief

Official guidance on asking the court to waive filing fees and costs through poor person relief, including the affidavit a defendant who cannot afford court costs files in support of the application.

Relevant Laws

N.Y. C.P.L.R. § 320(a) (20-Day or 30-Day Time to Appear and Answer)

Sets the time to appear in a civil action: 20 days after service of the summons if personally delivered within the state, but 30 days after service is complete when served by most other methods, including deliver-and-mail under CPLR 308(2). This is the core New York response-deadline rule.

N.Y. C.P.L.R. § 308 (Methods of Personal Service on a Natural Person)

Lists how a defendant may be served, including in-hand delivery under subdivision 1 and the common deliver-and-mail method under subdivision 2 that triggers the 30-day rather than the 20-day response window.

N.Y. Real Prop. Acts. Law § 732(3) (10-Day Nonpayment Eviction Answer)

Provides that if the respondent fails to answer within 10 days from the date of service of the notice of petition and petition, the judge shall render judgment for the petitioner. This is the short nonpayment eviction track in calendar days, not the 20-or-30-day general civil track.

N.Y. City Civ. Ct. Act § 1804 (No Formal Pleading in Small Claims)

Provides that small claims hearings are conducted to do substantial justice without being bound by formal rules of pleading and procedure, so a small claims defendant files no written answer and simply appears at the hearing.

N.Y. C.P.L.R. § 3215(a) (Default Judgment)

Provides that when a defendant has failed to appear or plead, the plaintiff may seek a default judgment against that defendant, which is the consequence of missing the response deadline.

N.Y. C.P.L.R. § 5015(a)(1) (Vacating a Default Judgment)

Allows a court to relieve a party from a judgment on the ground of excusable default, on motion made within one year after service of a copy of the judgment with notice of its entry.

N.Y. C.P.L.R. § 3019(a) (Counterclaims)

Provides that a counterclaim may be any cause of action in favor of one or more defendants against one or more plaintiffs, making New York counterclaims permissive rather than compulsory.

N.Y. C.P.L.R. § 214-i and § 213(2) (Debt Statute of Limitations)

Sets a three-year limitations period for most consumer credit transactions under § 214-i and a six-year period for actions on a written contract under § 213(2), both common defenses in debt collection cases.

Regional Variances

Answer deadline by case track in New York

General civil, served in person in-state (N.Y. C.P.L.R. § 320(a))

20 calendar days after the summons is personally delivered to you within New York State to appear and answer. This is the shorter of the two general civil clocks and applies only to in-hand, in-state personal delivery.

General civil, served by other methods (N.Y. C.P.L.R. § 320(a))

30 calendar days after service is complete when served by most other methods, including the common deliver-and-mail method under CPLR 308(2), service on an agent, or service outside New York. Because deliver-and-mail is so widely used, this 30-day window is the one most defendants are actually working against.

Nonpayment eviction (N.Y. Real Prop. Acts. Law § 732(3))

10 calendar days from the date of service of the notice of petition and petition to answer before the judge can enter judgment for the petitioner. This is much shorter than the general civil window, so tenants must move fast.

Small claims (N.Y. City Civ. Ct. Act § 1804)

No written answer is required. The defendant does not file a responsive pleading and instead appears at the scheduled hearing to present a defense in person.

Which New York court hears your case, by amount

Small Claims Part

Hears claims up to $10,000 in NYC Civil Court, $5,000 in most District and City Courts, and $3,000 in Town and Village Justice Courts. No written answer is required and the defendant appears at the hearing.

NYC Civil Court and local courts

NYC Civil Court hears civil cases up to $50,000, and County Courts outside the city hear cases up to $25,000. A written answer is required on the § 320(a) timeline, and NYC Civil Court offers a free Answer form (CIV-GP-58).

Supreme Court of the State of New York

The trial court of unlimited civil jurisdiction, typically used for claims over the local court caps. There is no fee to file an answer, most cases are e-filed through NYSCEF, and there is no statewide mandated answer form.

Suggested Compliance Checklist

Calculate your response deadline from how you were served

Day 0 (date of service) days after starting

Find the deadline that matches your service method and track. Under N.Y. C.P.L.R. § 320(a), a general civil answer is due in 20 calendar days if you were personally served in New York State, but 30 calendar days if served by most other methods, including deliver-and-mail under CPLR 308(2). A nonpayment eviction answer is due in 10 calendar days under N.Y. Real Prop. Acts. Law § 732(3). Small claims requires no written answer; you appear at the hearing under N.Y. City Civ. Ct. Act § 1804. If you are unsure how you were served, use the shorter 20-day window and mark the exact due date on a calendar.

Identify your case track and the correct court

Within 2 days of service days after starting

Read the caption on the summons to confirm whether the case is in Small Claims Part, NYC Civil Court, County Court, Supreme Court, or housing court. The track decides your deadline, the court, and whether a written answer is required. Confirm the court and the index number named in the summons, because that is where your answer must be filed.

Identify your defenses and any counterclaims

Before drafting the answer days after starting

List the affirmative defenses that fit your facts. N.Y. C.P.L.R. § 3018(b) recognizes defenses such as the statute of limitations, payment, release, fraud, discharge in bankruptcy, and res judicata, and improper service of process is also a defense. In debt cases, check the three-year consumer credit limitations period under § 214-i or the six-year written-contract period under § 213(2). If you have a claim against the plaintiff, you may assert it as a permissive counterclaim under § 3019(a).

Draft the answer in the correct caption and format

Before the answer deadline days after starting

Respond to each numbered allegation by admitting it, denying it, or denying knowledge or information sufficient to form a belief, then state your affirmative defenses and any counterclaims. In NYC Civil Court you can use the free Answer form (CIV-GP-58). In Supreme Court there is no statewide mandated form, so type the answer on pleading paper with a caption that follows N.Y. C.P.L.R. § 2101(c), listing the court, the parties, and the index number.

Document: answer-to-complaint

Serve the answer on the plaintiff's attorney

On or before the answer deadline days after starting

Serve a copy of your answer on the plaintiff's attorney under N.Y. C.P.L.R. § 2103(b) by mail, overnight delivery, facsimile, or electronic means. In New York you generally serve the answer first and then file it, so calendar the service date as your hard deadline and keep proof of how and when you served it.

File the answer with the clerk of the correct court

Promptly after serving days after starting

File your answer with the clerk of the court where the action is pending, usually the County Clerk in a Supreme Court case. Most Supreme Court matters require electronic filing through NYSCEF, so check whether your case is an e-filed case before filing by mail or in person. There is no fee to file an answer in Supreme Court.

Request a fee waiver if you cannot afford court costs

When a fee would apply days after starting

There is no fee to file an answer in Supreme Court, but fees apply to later steps such as a motion or a request for judicial intervention. If you cannot afford those costs, file an Affidavit in Support of Application to Proceed as a Poor Person to ask the court to waive fees, based on your inability to pay given your income and property.

Appear at the hearing or conference

As set by the court days after starting

Calendar every date the court sets, including the small claims hearing (where no written answer is filed), a nonpayment eviction return date, and any preliminary or case-management conference in a civil case. Bring your evidence and a copy of your filed answer. Attorney review is available as an option before you file if your case involves a short eviction deadline, a debt-collection statute-of-limitations question, or a disputed service-of-process issue.

Task	Description	Document	Days after starting
Calculate your response deadline from how you were served	Find the deadline that matches your service method and track. Under N.Y. C.P.L.R. § 320(a), a general civil answer is due in 20 calendar days if you were personally served in New York State, but 30 calendar days if served by most other methods, including deliver-and-mail under CPLR 308(2). A nonpayment eviction answer is due in 10 calendar days under N.Y. Real Prop. Acts. Law § 732(3). Small claims requires no written answer; you appear at the hearing under N.Y. City Civ. Ct. Act § 1804. If you are unsure how you were served, use the shorter 20-day window and mark the exact due date on a calendar.	-	Day 0 (date of service)
Identify your case track and the correct court	Read the caption on the summons to confirm whether the case is in Small Claims Part, NYC Civil Court, County Court, Supreme Court, or housing court. The track decides your deadline, the court, and whether a written answer is required. Confirm the court and the index number named in the summons, because that is where your answer must be filed.	-	Within 2 days of service
Identify your defenses and any counterclaims	List the affirmative defenses that fit your facts. N.Y. C.P.L.R. § 3018(b) recognizes defenses such as the statute of limitations, payment, release, fraud, discharge in bankruptcy, and res judicata, and improper service of process is also a defense. In debt cases, check the three-year consumer credit limitations period under § 214-i or the six-year written-contract period under § 213(2). If you have a claim against the plaintiff, you may assert it as a permissive counterclaim under § 3019(a).	-	Before drafting the answer
Draft the answer in the correct caption and format	Respond to each numbered allegation by admitting it, denying it, or denying knowledge or information sufficient to form a belief, then state your affirmative defenses and any counterclaims. In NYC Civil Court you can use the free Answer form (CIV-GP-58). In Supreme Court there is no statewide mandated form, so type the answer on pleading paper with a caption that follows N.Y. C.P.L.R. § 2101(c), listing the court, the parties, and the index number.	answer-to-complaint	Before the answer deadline
Serve the answer on the plaintiff's attorney	Serve a copy of your answer on the plaintiff's attorney under N.Y. C.P.L.R. § 2103(b) by mail, overnight delivery, facsimile, or electronic means. In New York you generally serve the answer first and then file it, so calendar the service date as your hard deadline and keep proof of how and when you served it.	-	On or before the answer deadline
File the answer with the clerk of the correct court	File your answer with the clerk of the court where the action is pending, usually the County Clerk in a Supreme Court case. Most Supreme Court matters require electronic filing through NYSCEF, so check whether your case is an e-filed case before filing by mail or in person. There is no fee to file an answer in Supreme Court.	-	Promptly after serving
Request a fee waiver if you cannot afford court costs	There is no fee to file an answer in Supreme Court, but fees apply to later steps such as a motion or a request for judicial intervention. If you cannot afford those costs, file an Affidavit in Support of Application to Proceed as a Poor Person to ask the court to waive fees, based on your inability to pay given your income and property.	-	When a fee would apply
Appear at the hearing or conference	Calendar every date the court sets, including the small claims hearing (where no written answer is filed), a nonpayment eviction return date, and any preliminary or case-management conference in a civil case. Bring your evidence and a copy of your filed answer. Attorney review is available as an option before you file if your case involves a short eviction deadline, a debt-collection statute-of-limitations question, or a disputed service-of-process issue.	-	As set by the court

Frequently Asked Questions

An answer responds to each numbered paragraph of the complaint by admitting it, denying it, or denying knowledge or information sufficient to form a belief, and then states your affirmative defenses and any counterclaims. In NYC Civil Court you can use the free Answer form (CIV-GP-58). In Supreme Court there is no statewide mandated form, so you type the answer on pleading paper with a caption that follows N.Y. C.P.L.R. § 2101(c), listing the court, the parties, and the index number.

Both numbers are real, and which one applies depends on service. Under N.Y. C.P.L.R. § 320(a), it is 20 calendar days only when the summons was personally delivered to you within New York State. It is 30 calendar days after service is complete when you were served by most other methods, including deliver-and-mail under CPLR 308(2), service on an agent, or service outside the state. If you are unsure how you were served, treat the shorter 20-day window as your safe deadline.

Under N.Y. C.P.L.R. § 3215(a), once you fail to appear or answer, the plaintiff can seek a default judgment for what the complaint demands. You can file a motion to vacate the judgment under § 5015(a)(1) within one year after you are served with notice of its entry, by showing a reasonable excuse for the default and a meritorious defense. Act quickly, because the longer a default stands the harder it is to undo, and collection can begin in the meantime.

Often yes. Parties commonly agree in writing to extend the time to answer, and you can ask the court for more time. Serving a notice of appearance or a pre-answer motion to dismiss under N.Y. C.P.L.R. § 3211 can also change the timeline, because filing the motion extends your time to answer until the court decides it. Get any extension in a written stipulation, because the default clock under § 3215 keeps running until the plaintiff agrees, the court grants more time, or you respond.

There is no fee to file an answer in Supreme Court, though fees apply if you later file a motion or a request for judicial intervention. If you cannot afford court costs, you can apply for poor person relief by filing an Affidavit in Support of Application to Proceed as a Poor Person. Eligibility is based on your inability to pay court costs, fees, and expenses given your income and property.

Yes. Improper service of process is a recognized defense in New York, and it directly affects your deadline because the clock does not start until service is properly completed. You can raise lack of personal jurisdiction in your answer or by a pre-answer motion to dismiss under N.Y. C.P.L.R. § 3211(a)(8). Raise a service problem promptly, because simply ignoring the case still risks a default judgment.

Common affirmative defenses listed in N.Y. C.P.L.R. § 3018(b) include the statute of limitations, payment, release, fraud, discharge in bankruptcy, res judicata, collateral estoppel, statute of frauds, and arbitration and award. New York counterclaims are permissive, so under § 3019(a) you may assert any cause of action you have against the plaintiff in your answer. Pleading a counterclaim lets the court resolve your related claim in the same case.

Respond the same way as any civil complaint: serve and file a timely answer that admits or denies each allegation and raises your defenses. In debt cases, check the statute of limitations, which is three years for most consumer credit transactions under N.Y. C.P.L.R. § 214-i and six years for a written contract under § 213(2). Also check whether the collector validated the debt under the federal Fair Debt Collection Practices Act, 15 U.S.C. § 1692g. Do not ignore the summons, because silence leads to a default judgment for the full amount claimed.

A divorce in New York is started by a summons, so the same response clock applies: 20 calendar days if you were personally served within the state, or 30 calendar days if served by another method, under N.Y. C.P.L.R. § 320(a). You file a notice of appearance and, where appropriate, an answer, using the Unified Court System's uncontested or contested divorce forms. Missing the window can let the divorce proceed on default and let the court decide issues without your input.

New York lets a defendant make a pre-answer motion to dismiss under N.Y. C.P.L.R. § 3211 on grounds such as lack of personal jurisdiction, improper service, the statute of limitations, or failure to state a cause of action. You file the motion before your answer is due, which extends your time to answer until the court decides it. If the court denies the motion, you then serve and file your answer within the time the rules allow.

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