If you have just been served
The complaint sets out who is suing, what they say happened, and what they want, usually in numbered paragraphs. With it comes a summons that names the court and tells you a response is required. The deadline to respond is short and can depend on how the papers were delivered, so write down the date you received them. Ignoring a complaint can lead to a default judgment, which may later be enforced against bank accounts or wages. Even if the claims seem baseless, a timely response is what protects your ability to contest them. Check your insurance as well, because some policies cover the defense of certain lawsuits.
Responses other than an answer
An answer responds to each paragraph by admitting, denying, or stating a lack of knowledge, and it raises defenses that can be lost if they are left out. Sometimes a motion to dismiss comes first, for example when the court lacks jurisdiction over you or the complaint does not state a claim the law recognizes. Counterclaims against the plaintiff, and claims against other parties who share responsibility, may also belong in the response. Gather the contract, correspondence, invoices, and anything else the complaint refers to. Do not delete or discard documents or messages related to the dispute.
If you are the one filing
A complaint has to name the right defendants and set out legal claims that fit the facts, with enough detail to survive an early challenge. New York also allows a case to begin with a summons with notice, which describes the claim more briefly, with a complaint usually served later on demand. Before filing, it helps to collect contracts, payment records, photos, and messages, and to check whether a contract requires notice, mediation, or arbitration first. Filing deadlines vary by type of claim, and some are shorter than people expect. Whichever side you are on, our first step is to read the papers or hear your account of the facts, confirm the response or filing deadline, and settle on the immediate next move.
