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I was served with summons with notice, what should I do next?

New York, NY |

My wife filed for divorce and I was served with summons with notice. Is by contacting her lawyer considered that I respond within the 20 days period, or am I suppose to do it through the court?

Attorney Answers 9

Posted

Formally, you must file a Notice of Appearance with the court, serve a copy on the opposing attorney and file an affidavit of service with the court that same has been served on the attorney. Some information on divorce cases may be found here: http://www.nycourts.gov/divorce/index.shtml. You're best advised to schedule a consultation with a NYC Divorce attorney.

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Asker

Posted

Can I file it without the help of a lawyer? Do I have to go to the court or the plaintiff lawyer in person or can I mail it?

David Ivan Bliven

David Ivan Bliven

Posted

You may proceed without a lawyer but it's not advisable. You can mail the Notice, but the mailing must be done by someone other than you & who is over 18. S/he must then complete an affidavit of service, which also must be filed with the court. * If you found my answer to be the "BEST ANSWER," please feel free to mark it accordingly.

Asker

Posted

I filed the notice of appearance with the county clerk. I mailed it certified mail. Is that enough? If not, can I mail it through a third party?

David Ivan Bliven

David Ivan Bliven

Posted

Not if you did the mailing, no. Someone else needs to be the one to do the mailing. And you need to have that someone else complete an affidavit of service.

Posted

You need to serve an Answer and you should hire a matrimonial lawyer.

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David Alexander Browde

David Alexander Browde

Posted

Not quite. A notice of appearance is the correct response to a Summons with Notice.

Eric Edward Rothstein

Eric Edward Rothstein

Posted

You are correct. I was thinking about a summons and complaint.

Posted

You need to serve an answer on her attorney and the court. I really recommend you hire an attorney to do it rather than rely on advice from this forum.

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David Alexander Browde

David Alexander Browde

Posted

Not in New York. The appropriate response is a Notice of Appearance, not an Answer.

Peter Christopher Lomtevas

Peter Christopher Lomtevas

Posted

A tough barrister will serve a demand for a complaint and file it with the court signalling that this is war.

Posted

Contacting the attorney alone is not a response. You will need to file a Notice of Appearance with the court and serve the Notice on your wife's attorney. Here is sample http://www.nycourts.gov/courts/6jd/forms/SRForms/otherfms_ntcappanddemand.pdf.

Please note that this general response to your inquiry does not establish an attorney-client relationship.You should consult with a competent attorney for advice regarding your particular situation.

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Posted

You should hire an attorney to file a Notice of Appearance - and move through the process.

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Posted

Telephone call won't do it. You need to file a notice of appearance with the court and send that to your wife's attorney. If you were served with just a summon with notice and no complaint you should demand the complaint. If you were served with the complaint you need to answer. You would best be served by retaining the services of an experienced divorce attorney.

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Asker

Posted

I was served with just a summons with notice without a complaint. Should I demand the complaint through contacting her lawyer or through the court?

Jeffrey B. Peltz

Jeffrey B. Peltz

Posted

File the notice of appearance with a demand for compaint with the court. Send a copy to the attorney by certified mail return receipt requested. Must by done within 20 days if you live in NY or 30 days if outside of NY.

Asker

Posted

Thank you very much for your reply. Can I file the notice of appearance by myself prior to hiring an attorney?

Jeffrey B. Peltz

Jeffrey B. Peltz

Posted

Yes you can. That will provide you with a little extra time. Good luck.

Asker

Posted

Thank you very much.

Jeffrey B. Peltz

Jeffrey B. Peltz

Posted

Your welcome. I do recommend that you consult with an attorney. We do offer a free consultation.

Asker

Posted

I know. Thank you

Posted

Get a lawyer fast. The summons with notice must be responded through the opponent's counsel. It should be challenged because you don't want to lose most of what you own.

Be smart. Watch out. Good luck.

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Posted

You need to file a "Notice of Appearance" with the court and affirm that you served that Notice on the other lawyer. Preserve your rights by filing your appearance with the court but don't be afraid to see whether the lawyer might be drafting a proposal to resolve the case. You should hire a lawyer - if you know that the other lawyer is drafting an agreement, tell that to whomever you hire.

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Posted

You should contact an attorney to enter their notice of appearance and affirm with the court that you were served. The attorney can also assist you with the proposal and the process of the divorce to ensure your rights are protected.

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