Defending a case · For the defendant

You Were Served in Brooklyn: How to Answer

Being served is alarming, but the worst outcome is almost always inaction. A defendant who answers on time keeps every defense alive and forces the plaintiff to prove their case. A defendant who ignores the papers hands the plaintiff a judgment that can be enforced against wages and bank accounts for years.

Calculate the deadline first

New York gives a defendant a different number of days to respond depending on whether they were served personally in state, served by another method, or served on an out-of-state basis. Count from the correct triggering event, not from the day the papers happened to reach you. If the deadline is close, a stipulation extending your time to answer is routine and usually granted between counsel.

What goes in the answer

Respond to every numbered paragraph: admit, deny, or deny knowledge or information sufficient to form a belief. Then plead your affirmative defenses — payment, release, statute of limitations, lack of personal jurisdiction, failure to state a claim, arbitration agreement, unconscionability, improper venue, and any others the facts support. Defenses omitted from the answer can be lost permanently.

Counterclaims and third-party claims

If the plaintiff owes you money or damaged you in the same transaction, plead a counterclaim rather than starting a separate suit. If someone else is responsible for the plaintiff's loss, consider a third-party claim. Both change the settlement dynamic significantly, because the plaintiff can no longer walk away by simply discontinuing.

Answer or move to dismiss?

A pre-answer motion to dismiss can end a defective case early, but it also delays discovery and telegraphs your theory. Reserve it for real defects — no personal jurisdiction, documentary evidence that flatly defeats the claim, an expired limitations period, or a complaint that fails to state a cause of action. Otherwise answer, preserve everything, and fight with the facts.

Common questions

What happens if I miss the deadline?
The plaintiff can seek a default judgment. You may still be able to vacate it, but you will need a reasonable excuse and a meritorious defense, and time works against you.
Do I need a lawyer to answer?
Individuals may appear for themselves; corporations and LLCs generally must be represented by counsel in New York courts.
Can I settle after answering?
Yes. Answering preserves your leverage. Most cases settle, and a defended case settles on better terms than a defaulted one.

Have a matter in Kings County?

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Related guides

This guide is general information about court procedure in Kings County, New York. It is not legal advice and does not create an attorney-client relationship. Court rules, fees and deadlines change — confirm current requirements with the court or an attorney before acting. Dispute Counsel PLLC serves New York residents, businesses and New York local representation.