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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)

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Attorney answers 4

Posted

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.

Posted

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.

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Posted

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.
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Posted

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.