Your Business Was Sued in New York.
The Clock Is Already Running.

If your business was sued in New York, the summons and complaint give it 20 or 30 days to respond. What that deadline means, what happens if you miss it, and what to do first.

Discuss Your Case

How Long Your Business Has to Respond.

Under CPLR 320(a), a defendant in New York Supreme Court must appear within 20 days after service of the summons. The time is 30 days after service is complete when the summons was served through a state official authorized to receive it, such as the Secretary of State, or by one of the other methods the CPLR allows, such as leaving the papers with another person and mailing a copy, or serving outside New York.

How your business was served decides which deadline applies, and the papers do not always make that obvious. Write down the date you received them and how they arrived. If the papers came by mail from the Department of State, read what service through the Secretary of State means.

A corporation cannot represent itself in a Supreme Court lawsuit. CPLR 321(a) requires a corporation to appear through an attorney, so an owner cannot file the answer personally.

What Happens If You Miss the Deadline.

If no answer or appearance is served in time, CPLR 3215 lets the plaintiff seek a default judgment. When the claim is for a fixed sum, the clerk can enter it without a hearing. A judgment can lead to restrained bank accounts, liens, and collection against the business, and against any owner who signed a personal guarantee.

A default can sometimes be undone, but it is harder and more expensive than answering on time. See how a default judgment against a business can be vacated. Answering on time is the plan.

What to Do First.

Do not ignore the papers.

Nothing about a lawsuit improves with time, and the deadline does not pause while you think about it.

Do not argue with the other side.

Calls and emails to the plaintiff or its lawyer can become evidence. Let your lawyer make the first contact.

Gather the documents.

Pull the contract, purchase orders, invoices, payment records, and the emails and texts about the deal. The answer is built from them, and so are the defenses.

Check your insurance.

Some business policies cover the defense of certain claims. Notify your carrier promptly, because late notice can cost you coverage.

Get a lawyer before the deadline.

Lawyers often agree to extend the time to answer, but only in writing. Until you have that in writing, assume the original deadline stands.

Frequently Asked Questions

How long does a business have to answer a lawsuit in New York?

Generally 20 days after service of the summons, or 30 days after service is complete if the business was served through the Secretary of State or another method listed in CPLR 320(a), such as service outside New York.

Can the owner of a corporation answer the lawsuit personally?

No. Under CPLR 321(a), a corporation must appear through an attorney in New York Supreme Court.

What happens if my business does not respond to a New York lawsuit?

The plaintiff can seek a default judgment under CPLR 3215. If the claim is for a fixed sum, the clerk can enter judgment without a hearing, and collection can follow.

Can the deadline to answer be extended?

Yes, often by written agreement with the plaintiff's lawyer, or by the court under CPLR 3012(d) on a showing of reasonable excuse. Do not rely on an extension until it is confirmed in writing.

Why the Courtroom Matters.

I have practiced in New York for 28 years, and my office is in New York Supreme Court every week, in all five boroughs and in Nassau, Suffolk, and Westchester. I know how the parts run and what the judges expect, and that shapes every paper and every conversation about settlement from the first day.

When you contact me, I run a conflict check first. If I can take the case, I will tell you plainly where things stand, what the deadlines are, and what it will take.