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Served with a summons in New York? What to do and how long you have to answer

Updated By The editorial teamNot reviewed by an attorney — based on the official sources below

In short

Don't ignore it. In a New York lawsuit you usually must respond — by serving an answer, a notice of appearance or a motion — within 20 days if the summons was handed to you personally, or within 30 days after service is complete if it was served another way, such as left with someone at your home or posted on your door and mailed (CPLR § 320(a)). New York City Civil Court uses the same 20/30-day split (NYC Civil Court Act § 402). If you miss the deadline, the plaintiff can ask for a default judgment (CPLR § 3215), which can lead to garnished wages or a frozen bank account. Read the papers, mark the date, and answer in time, raising every defense you have.

Read on for the details, the exceptions and the sources.

In plain words

Summons
The court paper that tells you a lawsuit has been started against you and how long you have to respond.
Complaint
The paper that says what the plaintiff claims you did or owe. It may come with the summons or later.
Answer
Your written response: what you admit, what you deny, and your defenses.
Default judgment
A judgment entered against you because you didn't respond in time — without the court hearing your side.
Index number
The case number assigned by the court clerk. It's on the summons; use it whenever you contact the court.

How long you have

Under CPLR § 320(a), you must appear within 20 days after the summons is served if it was delivered to you personally. If it was served another way — left with a person of suitable age at your home or work and mailed (CPLR § 308(2)), or attached to your door and mailed (§ 308(4)) — you have 30 days after service is complete. For those two methods, service is complete 10 days after the server files proof of service with the court, so the clock may run longer than it looks. If you're not sure, assume the shorter period.

If you got only a summons without a complaint (a "summons with notice"), you can serve a written demand for the complaint within the same time; the plaintiff then has 20 days to serve it, and you have 20 days after that to answer (CPLR § 3012(b)). In a lawsuit over a consumer credit transaction, such as a credit card debt, the complaint must be served with the summons (§ 3012(a)).

Small claims papers and eviction papers follow different rules — they usually give you a court date instead. Follow what your papers say.

Step by step

  1. Write down when and how you got the papers

    Note the date, who gave them to you or where you found them, and whether a copy also came by mail. This decides your deadline and may matter if service was improper.

  2. Identify the court and the case

    Find the court name, county, index number and the plaintiff's lawyer on the summons. Call or visit the clerk to confirm the case exists and to ask how to file an answer there.

  3. Read the complaint carefully

    List each claim. Gather your records. Is the amount right? Do you even know the plaintiff? Is the claim too old?

  4. Prepare your answer

    Respond to each numbered paragraph — admit, deny, or say you lack enough information. List every defense, such as the statute of limitations, payment, or that you were not properly served. Some defenses are waived if not raised in your answer or a first motion (CPLR § 3211(e), § 3018(b)). If the plaintiff owes you money, you can include a counterclaim (§ 3019).

  5. File and serve on time

    File the answer with the court as the summons directs and send a copy to the plaintiff's lawyer (or the plaintiff). Keep a copy and proof of how and when you sent it.

  6. Go to every court date

    Missing a scheduled appearance can also lead to a default. Bring your papers and evidence.

What to check

  • The date and method of service — personal delivery (20 days) or another method (30 days after service is complete)
  • Whether the summons is for Supreme Court, NYC Civil Court, or a city, district or town court
  • Whether you're the right person and the address is correct
  • Whether the complaint was included, and whether it's a consumer credit case (in NYC Civil Court that summons must be in both English and Spanish, Civil Court Act § 401(d))
  • When the claim arose: contract claims generally have six years (CPLR § 213(2)), consumer credit claims against a borrower three years (§ 214-i)
  • Whether the plaintiff is the original company or a debt buyer, and whether the amount matches your records

What you may be owed

  • If you can't afford court fees, you may be able to have them waived by asking the court for poor person relief (CPLR § 1101).
  • If the claim is older than the time limit, you may have a complete defense — worth checking, and it must be raised in your answer or first motion.
  • If the plaintiff owes you money from the same dealings, you may be able to assert a counterclaim (CPLR § 3019).
  • If a debt collector sued you and broke federal debt collection law along the way, you may have a claim for damages under the Fair Debt Collection Practices Act — worth checking with a lawyer.
  • If a default judgment was already entered and you had a reasonable excuse, you may be able to ask the court to vacate it within one year after you were served with notice of its entry (CPLR § 5015(a)(1)); other grounds, such as not being properly served, may also apply.

Documents to gather

  • The summons, complaint and any envelope or other papers that came with them
  • Your notes on the date and method of service
  • Contracts, account statements, receipts, letters and payment records about the claim
  • Any letters from collectors or the plaintiff before the lawsuit
  • Proof of income and expenses, if you plan to ask for a fee waiver or a payment plan

When to get help

Get help right away if you're being sued for a large amount, if it's about your home, if you think you weren't properly served, or if a default judgment has already been entered. Free civil legal services and legal aid organizations help eligible people in many counties. A lawyer can also take on just part of the case — for example, drafting your answer — through a limited scope appearance (CPLR § 321(d)). The New York courts' CourtHelp website has plain-language guides and forms for people without lawyers.

Frequently asked questions

The papers were taped to my door. Is that valid?

It can be, if the server first tried with due diligence to deliver them in person or to someone at your home or work, and also mailed a copy (CPLR § 308(4)). If those steps weren't followed, improper service may be a defense — raise it in your answer or first motion.

What happens if I ignore the summons?

The plaintiff can seek a default judgment (CPLR § 3215). With a judgment, a creditor can use collection tools such as wage garnishment or restraining your bank account.

Can I just call the plaintiff's lawyer and work it out?

You can try to settle, but talking doesn't stop your deadline. Unless you get a written agreement extending your time to answer, file your answer on time anyway.

Does filing an answer cost money?

Court fees vary by court. If you can't afford them, ask the clerk about poor person relief under CPLR § 1101.

Want your own situation checked?

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Official sources

This page was written from the sources below. “Checked” is the date the source was last opened and read.

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Related guides

This page is general information based on the official sources listed, current as of the update date. It is not legal advice and does not replace a review of your own situation; if a case is already in court, a deadline is close, the amount is large, or there are criminal, immigration or family-law consequences, talk to a lawyer or legal aid.