Summary
In New York, if a divorce defendant is served incorrectly, you can re-serve them within 120 days. If the timeframe lapses, request an extension. Amend affidavits of service without court permission, ensuring correct filing. Amend verified complaints for minor errors without needing permission, but file and serve promptly. If the defendant defaults, seek a default judgment and ensure proper service documentation. After amending a verified complaint, file it with the court, serve the defendant, and update court records.Full Conversation
What if it’s been more than 120 days?
If it has been more than 120 days since you filed the summons and complaint, you may need to request an extension from the court for additional time to complete proper service. You can file a motion with the court explaining the reasons for the delay and requesting an extension.
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Can you amend the affidavit of service in nys? For example the person who filled it out checked the wrong box
Yes, you can amend the affidavit of service in New York. You will need to file an amended affidavit of service with the court. Ensure the new affidavit accurately reflects the details of the service.
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Do you need the courts permission to do this?
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Generally, you do not need the court's permission to amend an affidavit of service. However, it must be correctly filed to replace the original affidavit.
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Yes please provide more details on this
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In New York, to amend an affidavit of service, follow these steps:
- Prepare an amended affidavit of service with correct information.
- File the amended affidavit with the same court where the original was filed.
- Ensure the amended affidavit clearly indicates it is a replacement.
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In nys divorce case do you need permission to amend the verified complaint? For example you spelled something incorrectly
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In New York, you generally do not need permission from the court to amend a verified complaint for minor errors like spelling mistakes. However, you should promptly file the amended complaint with the court and serve a copy to the defendant.
Would you like more detailed guidance on how to proceed with amending the verified complaint?
Defendant is in default and never got the verified complaint just the summons with notice
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In New York, if the defendant is in default and only received the summons with notice, you might need to take additional steps. Here are some key points:
- Default Judgment: If the defendant has not responded, you may seek a default judgment.
- Service Requirements: Ensure that proper service was completed and documented.
- Amending Documents: You can amend documents, but they must be properly filed and served.
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I want to know if I need to take any additional steps after amending the verified complaint?
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After amending the verified complaint in a New York divorce case, here are some steps you might need to take:
- File the Amended Complaint: Submit the amended complaint with the court.
- Serve the Defendant: Serve the amended complaint to the defendant, even if they are in default.
- Update Court Records: Ensure the court's records are updated with the amended complaint.
Would you like more detailed guidance on any of these steps or need help with other aspects of your case?
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