Skip to main content

My friend got served recently in foreclosure papers, she wants to ask the court to extend the time so she can better answer.

Mastic, NY |

Right now she is looking for a lawyer, but her time is running out to answer because ( I believe) she only has 21 days to answer right?.......and the days are excluding saturdays and sundays?.....I dont know

QUESTION: Can she file the petition for extend time to answer by herself?(without a lawyer), in the meantime she finds a lawyer?, if so...the are any website from the court where she can download the forms and file in person or by certified mail?.....I guess should be from the suffolk county superior court?.....can she mail it and go in person too? (rivrhead)

+ Read More

Attorney answers 4


It would be better to lookup foreclosure answers and file just a basic answer than filing a motion. All the answer has to do is deny the allegations. We would be happy to email you a sample as well as discuss the case in general.


You can Stipulate in writing with the other attorney for an extension of time to Answer or otherwise respond. I would send a cover letter asking for a Stipulation Extending Time to Answer or Otherwise respond to the other attorney and state that you are in the process of seeking counsel. Follow up with a call. If they do not respond, send another cover letter to the Court with the copy of the letter to counsel attached and carbon-copy the other attorneys. This will at least stop a default in the first instance and buy you time to hire a lawyer.

This answer is made for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party, any partnership, investment plan, arrangement, legal structure or other transaction addressed herein.


Your "friend" should contact the plaintiff's lawyers for an extension as this must be on consent. The time to answer is either 20 days after personal service, or 40 days after the affidavit of service is filed with the clerk, if service of the Summons and Complaint is not personally served. All days count. Suffolk County has mandatory settlement conferences, so in practice, she has even more time than that, but I wouldn't delay.
#NathansonLaw #LegalQ&A

I do NOT know you. I am NOT your lawyer. This answer is provided for the general public who may have similar queries. The answer provided is NOT definitive. I do NOT know all of the facts of your case and NO attorney-client relationship is established. Please do not use my answer to tell your lawyer what to do. Free advise is worth exactly what you are paying. Trust the lawyer who is charging you for his/her time and expertise. If you can no longer trust your lawyer, then hire someone else. I am always interested in new clients and business opportunities and would welcome your call or email to discuss matters further. For more information, please feel free to visit my website or schedule an appointment.


Your friend should have a lawyer prepare the answer as there are defenses that need to be pled in the answer. The time is either 20 or 30 days depending on how your friend was served. This INCLUDES weekends. You need to get an extension (in writing) from the Banks attorney, not the court. If you do not get an extension the answer MUST be filed timely. The court is Supreme Court, not Superior Court. Again, have your friend speak to a local attorney immediately.

The above is a general answer and is not considered legal advice. You should contact an attorney before proceeding to take any legal action, signing any papers or upon service of a summons.