Getting sued is terrifying. One day you are going to the mailbox, the next you are holding a Summons that says a debt collector is taking you to court.
First: Take a deep breath. You are not alone, and this is not the end of the world. Thousands of New Yorkers face this every month.
You have a clear path forward. If you respond quickly, you prevent a default judgment—which is where they win automatically and can start garnishing your wages. To fight back, you simply need to file a document called an Answer.
This guide explains exactly how to do it.
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1. The Clock Is Ticking: Know Your Deadline
In New York, you don’t have much time. The clock starts the moment you receive the papers. If you miss the deadline, you lose.
Your deadline depends on how you received the papers:
- 10 Days: If the papers were handed to you personally (in person).
- 20 Days: If the papers were handed to you personally inside New York City.
- 30 Days: If the papers were delivered any other way (mail, left with someone else, etc.).
Note: These days include weekends and holidays. Do not wait until the last minute.
2. Do You Have to Pay a Fee?
Here is some rare good news in the legal world: Filing an Answer in New York is generally free.
While courts charge fees for starting a lawsuit or filing complex motions, they usually do not charge defendants for filing a standard Answer to protect themselves.
3. Step-by-Step: How to Respond
You do not need a law degree to file an Answer. You just need to follow the rules of procedure. Here is the process broken down into three simple steps.
Step 1: Write Your Answer
You cannot just call the court or write a letter explaining your financial hardship. You must use the proper legal format.
In your Answer, you generally do two things:
- Answer the Complaints: You admit, deny, or state you “lack knowledge” regarding each paragraph in the lawsuit. Most people deny the claims to force the collector to prove their case.
- Assert Affirmative Defenses: These are your legal reasons why you shouldn’t pay. (See the section below on the Statute of Limitations).
Step 2: File with the Court
Once your document is written and signed, you must file it with the court clerk. You have two options:
- In Person: Go to the courthouse listed on your Summons. Bring two copies. Ask the clerk to stamp your copy as proof of filing.
- Online (NYSCEF): New York has a robust e-filing system. If your case is eligible, you can file your PDF Answer online.
Step 3: Serve the Plaintiff
You aren’t done yet. You must let the debt collector know you filed a response. This is called “service.”
You must mail a copy of your stamped Answer to the plaintiff’s attorney (their address is on the Summons). Use Certified Mail so you have proof they received it.
4. A Powerful Defense: The 3-Year Rule
New York has one of the strongest consumer protection laws in the country regarding old debt.
The Statute of Limitations on most consumer debt (like credit cards) is only 3 years in New York.
This means if you haven’t made a payment on the account in three years, the collector likely cannot legally sue you for it. However, the court will not know this unless you tell them. You must list “Statute of Limitations” as an affirmative defense in your Answer.
Ready to Fight Back?
Writing a legal document from scratch is risky. One formatting mistake can result in the clerk rejecting your filing.
We build the document for you. You answer simple questions, and our software generates a clean, professional Answer ready for the New York courts.