Responding to a summons to answer a complaint (i.e. notification of lawsuit)

Hi All,

A close friend has been served with a summons to answer a complaint filed by a family member over the handling of funds in a joint savings account he owns with this family member. The summons is in the Supreme  Court of Queens County NY. He has 20 days to respond to this summons and is fast approaching the deadline. My question is this. At this point, is it enough to state that he intends to contest this summons, or does he need to make a statement on his grounds for contesting and include supporting material (e.g. sworn affidavits, receipts, etc.)?

Also, if anyone can recommend a good (and appropriate lawyer) to handle this case (preferably close to Queens), he'd appreciate it.

Thanks


Your friend needs to ask a lawyer your question.  He/she should go for a consult with a lawyer asap even if they don't end up hiring that lawyer.


Are you sure it was just the summons?  Usually a "complaint" is served with the summons.  If so, the complaint just has to be "answered" with an answer (or attacked by a motion if the complaint is  determined to be defective in some way).  No need for evidence affidavits etc. in response to a complaint.  How much is at stake?  That would affect anyone's reference for a lawyer.

It's usually pretty easy to get an extension to answer a complaint - 30 day is not unusual - especially if you tell the other side you are in process of getting a lawyer.  Jut make sure the extension is papered, not just phone talk.



Thanks bub.

The complaint was served with a summons to answer the complaint.  The wording was "YOU ARE HEREBY SUMMONED to answer a complaint to answer the complaint in this action, and to serve a copy of your answer.." He's been looking for a lawyer (and the amount merits a lawyer--just having a hard time finding a lawyer for this). It's good to hear that this merely responding at this stage is sufficient. Will let him know that an extension can be sought.

If you happen to know of good lawyers in the Queens area, that would be great too. He's having a hard time finding the right lawyer for this. Has to do with protecting money from predatory siblings. 


Last thought.  The lawyer does not have to be based in Queens.  Any NY lawyer in good standing can rep him.  If someone recommends an attorney based in another borough (or even in nearby suburbs), don't turn it down just because the office is not in Queens.


Thanks. He just wants to avoid any additional travel expenses.


These guys are the go to guys in Queens Supreme Court.

http://www.queenscountyprobate.com/#home-2


Queens county bar association should be able to give you 3 three referrals.


i've never tried queens, but I've tried a number of county bar referrals in NJ...and they are all BS....lawyers ask to be put on the list (in some counties they offer a free or reduced consult for  being on the list)...but there is no knowledgeable referral...its just a general referral....ie the employment lawyers on the list are x,y,z.....and then you call and find out they don't take your specific type of case..


and some referral lines won't give you a referral unless you live in that county...its idiotic....only county residents are eligible for the discount consult...but that doesn't mean they can't give a list of names without the discount...


gonets said:
Hi All,
A close friend has been served with a summons to answer a complaint filed by a family member over the handling of funds in a joint savings account he owns with this family member. The summons is in the Supreme  Court of Queens County NY. He has 20 days to respond to this summons and is fast approaching the deadline. My question is this. At this point, is it enough to state that he intends to contest this summons, or does he need to make a statement on his grounds for contesting and include supporting material (e.g. sworn affidavits, receipts, etc.)?

Also, if anyone can recommend a good (and appropriate lawyer) to handle this case (preferably close to Queens), he'd appreciate it.
Thanks

 He needs a lawyer to respond to it for him.  He should ask local friends for recommendations.  He can also ask any other lawyer he might have used, say, for a will or other simple matters, to refer him to an appropriate lawyer for this matter.



In order to add a comment – you must Join this community – Click here to do so.

Sponsored Business

Find Business

Advertise here!