After you get a summons for a law suit and they give you 35 days to answer how do you answer and do weekend include in the 35day

Asked almost 2 years ago - Brooklyn, NY

The law suit was for a car accident I had in New Jersey and the person is suing me and want a trial how do I answer to this summons? Do I need a lawyer? How serious is this for me because I can't afford a lawyer I was making 10k for the last 5 yrs just got a new job please can u help me

Attorney answers (7)

  1. Craig A. Post

    Contributor Level 17

    11

    Lawyers agree

    Answered . This answer assumes you or the person who owned the car you were operating had insurance. Send the suit papers to the proper insurance company immediately for further handling. The carrier will assign you an attorney under the terms of the insurance policy. That's what you have insurance for. If you or the owner had no coverage, you need to consult with an attorney before doing anything but do it soon. You don't want to give the plaintiff the right to enter a default judgment against you.

    Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it... more
  2. Mitchell Aaron Nathanson

    Pro

    Contributor Level 15

    11

    Lawyers agree

    Answered . If the lawsuit is in NY the answer must be filed within 20 days if you were personally served and within 30 days otherwise. Weekends do count, except that if the last day falls on a day the court is closed it gets extended to the next court day. If you were covered by insurance you should report the claim to your carrier.

    I do NOT know you. I am NOT your lawyer. This answer is provided for the general public who may have similar... more
  3. Michael Paul Lagnado

    Contributor Level 5

    11

    Lawyers agree

    Answered . You should immediately forward the summons to your insurance company. Your insurance company will ordinarily assign an attorney to defend the case on your behalf. If you do not have insurance, you should consult with an attorney immediately, to protect your rights. The plaintiff under those circumstances should be advised to seek uninsured motorist insurance coverage. In any event, efforts should be undertaken to ensure that the risk to your personal assets is minimized, if not eliminated. I am available to discuss the matter in further detail should you care to do so.

  4. Eric Edward Rothstein

    Contributor Level 20

    11

    Lawyers agree

    Answered . Notify your insurance carrier ASAP and it will assign a lawyer to defend you and cover any settlement or judgment up to your policy limit.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  5. David Alexander Browde

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . If the case is in New York you count every day from the date of service. And if you're insured you contact your insurance company ASAP and get their help with a lawyer!

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer... more
  6. Brandy Ann Peeples

    Pro

    Contributor Level 19

    8

    Lawyers agree

    Answered . My colleague is correct. If you were properly insured at the time of the car accident, then your insurance company will be responsible for engaging a lawyer to protect your interest. If you were insured, contact your insurance company and provide your insurance company with a copy of all paperwork you received.

    As far as a response...35 days does include weekends. If you weren't insured, you should really attempt to obtain a lawyer. There are many pro bono organizations who may be able to provide you with legal assistance at little to no cost to you.

    DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided... more
  7. Susan Pernick

    Contributor Level 15

    3

    Lawyers agree

    Answered . The first thing you should do is contact your insurance company. (I hope you reported the accident to your insurer when it happened.) Insurance companies require that accidents be reported to them within a reasonable time, usually thirty days. The insurance company is required to provide you with a lawyer to defend the suit, up to the amount of your policy. In other words, if you have a $25,000 policy but you're sued for $50,000, the insurance company isn't liable for more than $25,000. You'd be liable for any amount over what the insurer has to pay.

    I am an attorney admitted solely in NY. None of the answers I submit on this forum constitutes legal advice,... more

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