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Amended Complaint Response Time
Summary
If a party in New York State does not respond to an amended complaint and Statement of Net Worth in a divorce case, they can be considered in default, and the court may proceed without their input. Amended complaints can be served in person or by mail, with specific rules for proof of delivery. If served by mail, the recipient has 30 days to respond. Non-response can lead to a default judgment, and the judge may decide based on available information. The judge usually waits for the response period to end before making a decision.Full Conversation
If your suppose mailed the amended complaint and SNW and does not open what happens
Hello, to assist you better, could you clarify what "SNW" refers to and which country or state's law applies to your situation?
Statement of net worth
To give you accurate information, could you please let me know in which country or state this issue is occurring? Are you referring to a divorce case?
New York State
In New York State, if a party doesn't open or respond to an amended complaint and Statement of Net Worth in a divorce case:
- The party can be considered in default.
- The court may proceed without their input.
- The judge may decide based on the available information.
- The party can be considered in default.
- The court may proceed without their input.
- The judge may decide based on the available information.
Is it common to mailed instead of served
In New York State, amended complaints and Statements of Net Worth can be:
- Served in person.
- Delivered by mail.
However, specific rules about proof of delivery apply. The method chosen often depends on circumstances and legal advice.
- Served in person.
- Delivered by mail.
However, specific rules about proof of delivery apply. The method chosen often depends on circumstances and legal advice.
But how they are sure person received it
In New York State, to ensure the person received the documents:
- Certified mail with return receipt may be used.
- If in person, the server may provide an affidavit of service.
- In some cases, court might allow service by publication or alternate means.
- Certified mail with return receipt may be used.
- If in person, the server may provide an affidavit of service.
- In some cases, court might allow service by publication or alternate means.
what is the 21 days or 14 days rule after mailed
In New York State:
- If served in person, the recipient has 20 days to respond.
- If served by mail, the recipient has 30 days to respond.
- The extra time is to account for possible mail delivery delays.
- If served in person, the recipient has 20 days to respond.
- If served by mail, the recipient has 30 days to respond.
- The extra time is to account for possible mail delivery delays.
I could not see whole answer
Apologies for the confusion. To recap, in New York State:
- If served personally, the recipient gets 20 days to respond.
- If served by mail, the recipient gets 30 days to respond.
This additional time accounts for potential delays in mail delivery.
- If served personally, the recipient gets 20 days to respond.
- If served by mail, the recipient gets 30 days to respond.
This additional time accounts for potential delays in mail delivery.
Why my lawyer choose to mail instead of serving to give defendant extra time ????
Your lawyer might have chosen mail service due to its convenience, cost-effectiveness, or COVID-* restrictions. However, the defendant gets extra time to respond when served by mail. It's a standard practice, not a disadvantage.
What happens if he does not respond
In New York State, if the defendant fails to respond to the mailed documents:
- They are considered "in default".
- The court may proceed without their input.
- The case is decided based on the available information.
- They are considered "in default".
- The court may proceed without their input.
- The case is decided based on the available information.
Is it make judge to delay divorce
In New York State, if the defendant does not respond:
- The judge may not necessarily delay the divorce.
- The court could grant a default judgment in favor of the plaintiff.
- However, every case is unique and the final decision rests with the judge.
- The judge may not necessarily delay the divorce.
- The court could grant a default judgment in favor of the plaintiff.
- However, every case is unique and the final decision rests with the judge.
If stipulation and defendant affidavit signed and notarized years ago do you need to amend the complaint?
In New York State:
- If a stipulation and defendant's affidavit were signed and notarized, they are generally part of the court record.
- Whether you need to amend the complaint depends on changes in circumstance, or new facts or claims.
- Consult your lawyer for precise advice.
- If a stipulation and defendant's affidavit were signed and notarized, they are generally part of the court record.
- Whether you need to amend the complaint depends on changes in circumstance, or new facts or claims.
- Consult your lawyer for precise advice.
My lawyer amended the complaint because of time
In New York State, amending a complaint due to time may occur for several reasons. Could you please provide more details about what specifically prompted this amendment?
What should I do if I receive Amanda’s complaint
In New York State, if you receive an amended complaint:
- You should review it carefully.
- Consider consulting with a lawyer.
- Respond within the appropriate timeframe (20 days if served in person, 30 days if served by mail).
- Failure to respond could result in a default judgment against you.
- You should review it carefully.
- Consider consulting with a lawyer.
- Respond within the appropriate timeframe (20 days if served in person, 30 days if served by mail).
- Failure to respond could result in a default judgment against you.
Is it 20 days or 30 days from the mailed date or received date
In New York State:
- The *-day response period starts from the date the documents were mailed, not the date they were received.
- The *-day response period starts from the date the documents were mailed, not the date they were received.
When is judge start to review divorce case?
In New York State:
- The judge begins to review the divorce case once all required documents have been filed and served.
- The review may start immediately after the response period has ended.
- However, exact timelines can vary depending on the court's schedule.
- The judge begins to review the divorce case once all required documents have been filed and served.
- The review may start immediately after the response period has ended.
- However, exact timelines can vary depending on the court's schedule.
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If you have further questions or need additional clarification on any of the points discussed, please feel free to ask. I'm here to help you understand your legal situation better.
If he already served with summons before and only mailed the service of complaint is can judge decide any time
In New York State:
- Yes, if the person was served with a summons and the complaint was mailed, the judge can decide at any time.
- However, the judge usually waits for the response period (30 days if served by mail) to end before making a decision.
- Non-response can lead to a default judgment.
- Yes, if the person was served with a summons and the complaint was mailed, the judge can decide at any time.
- However, the judge usually waits for the response period (30 days if served by mail) to end before making a decision.
- Non-response can lead to a default judgment.
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If you have additional questions or need more information, please don't hesitate to ask. I'm here to assist you with your legal inquiries.
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