When I get served with legal documents, what should I do?
It is crucial to see a NY business litigation attorney as soon as possible after being served with legal papers, as there are often short windows of opportunity in which to respond to a lawsuit.
What Typical Documents Can I Expect to Be Served Upon Me in a Business Lawsuit?
In various forms, you may be served with a range of legal documents. Summons and complaints are the typical first documents filed in a lawsuit involving a business.
How do I respond to a Summons and Complaint, and What Options Do I Have?
To identify the appropriate course of action after receiving a summons and complaint, you should discuss your options with legal representation. Answers and motions to dismiss are the two most prevalent sorts of replies.
A “Reply” to a “Complaint” is…
An “answer” to a complaint is not the place to present a narrative response to the claims made in the complaint, despite what the term might imply. Instead, it’s a chance to respond to each individual accusation made in the complaint, whether you agree with it, disagree with it, don’t have enough information to say one way or the other, or have some other explanation ready.
An affirmative defense is a counterclaim that challenges the validity of the original claim. The “failure to state a cause of action,” “defense based on documentary evidence,” and “court lacks personal jurisdiction over you” are all examples of common affirmative defenses in commercial litigation disputes (whether because of improper service or otherwise). You should consult with a New York company attorney at wslaw.nyc as you put together the response, as it is a vital document.
Can I Respond to a Complaint with Claims?
Yes. You have the right to file a counterclaim against the plaintiff and a crossclaim against any other defendants.
A “Motion to Dismiss” is a formal request to have a case dismissed
A request to have all or part of a complaint dismissed is known as a “motion to dismiss,” and it is filed with the court. In some cases, the defendants in a lawsuit may file a request to dismiss the complaint in its whole, while in others, the defendants may file a petition to dismiss merely the claims against one or more defendants.