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When does Peter's time to respond start after being served process?

A. Will not start, because Jane filed proof of service more than 20 days after she delivered process on January 1.

B. Will not start, because Jane delivered process to John and not Peter.

C. Will start on January 25, because Jane completed service when she filed proof of service.

D. Will start 10 days after January 25, because Jane's service of process was proper.

Peter's time to respond begins based on the rules surrounding service of process in New York. A properly executed service allows the defendant a specific timeframe within which they must respond to the complaint to avoid default. When Jane filed her proof of service, this indicated that she had completed the process of serving Peter. Under New York law, Peter typically has 20 or 30 days from the date of service, depending on how he was served. The correct answer indicates that the response period starts 10 days after January 25, which is when Jane completed service. Thus, if the service was deemed proper, counting from the date Jane executed the service of process, Peter would indeed have a designated timeframe to respond. This option clarifies that the actual time for Peter to respond does not begin until after the 20-day period following the proof of service (January 25) in a context where service was executed properly. It emphasizes that even if there are delays in the filing of the proof of service, as long as the service itself is completed in accordance with legal requirements, the time to respond remains intact.

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