If you’ve been named in a lawsuit, here’s what to do: read the summons to find your response deadline, notify your insurance company the same day, preserve anything that could be evidence, and file a written answer with the court before the deadline runs out. In federal court that deadline is usually 21 days from the day you were served.1Legal Information Institute. Federal Rules of Civil Procedure Rule 12 – Defenses and Objections Miss it, and the court can rule against you without ever hearing your side.
The next few weeks matter more than almost anything that happens later in the case. Here’s how to use them.
Start With the Papers in Your Hand
You should have two documents: a summons and a complaint. The summons is a court-issued notice that names the court, identifies who is suing you, and tells you how many days you have to respond.2Legal Information Institute. Federal Rules of Civil Procedure Rule 4 – Summons Read the deadline first, then write it down somewhere you won’t lose it.
The complaint is the plaintiff’s story. It lays out what they say happened, why they believe you’re responsible, and what they want the court to give them — money, a court order, or both.3Legal Information Institute. Federal Rules of Civil Procedure Rule 8 – General Rules of Pleading It’s broken into numbered paragraphs, each containing a separate allegation.4Legal Information Institute. Federal Rules of Civil Procedure Rule 10 – Form of Pleadings That matters because your answer will have to address each one individually. Read the complaint carefully and mark everything you disagree with, everything that’s missing context, and everything you don’t know enough about to confirm or deny.
If the plaintiff mailed you a request to waive formal service instead of sending a process server, signing and returning it extends your response window from 21 days to 60.2Legal Information Institute. Federal Rules of Civil Procedure Rule 4 – Summons Refusing without good cause can leave you on the hook for the plaintiff’s service costs, including attorney’s fees for collecting them.
One quick note on what kind of case this is. A civil lawsuit is not a criminal charge. The plaintiff only needs to prove their version is more likely true than not, a standard called preponderance of the evidence. A civil case can end in a money judgment or a court order. It cannot put you in jail.
Call Your Insurance Company Today
This is the step most people skip, and it’s often the most valuable one. Homeowner’s insurance, auto insurance, commercial general liability policies, and professional liability coverage commonly include a duty to defend, meaning the insurer pays for your attorney and runs the litigation. But coverage usually depends on prompt notification. Most policies require you to notify the insurer “as soon as practicable” after learning about a claim.
Delay can cost you the coverage you already paid for. If the insurer can show the late notice hurt their ability to investigate or defend, they may deny coverage. Some states follow a strict compliance rule, where late notice voids coverage regardless of whether the insurer was actually prejudiced. The safest move is to forward the summons and complaint to your insurance company the same day you receive them.
Preserve Your Evidence Right Now
The moment you know about a lawsuit, or even reasonably expect one, you have a legal duty to preserve anything that could be relevant. That means emails, text messages, photos, contracts, financial records, and physical items tied to the dispute. It extends to electronic data that might otherwise be deleted automatically, including old emails and backup files.
Destroying or losing that material is called spoliation, and courts treat it seriously. Sanctions range from the judge instructing the jury to assume the destroyed evidence would have hurt your case, up to dismissing your defenses entirely or entering judgment against you. Even accidental loss can draw sanctions if you failed to take reasonable steps to preserve the material.
Practically: suspend any auto-delete settings on your email and devices, and back up anything connected to the dispute. If you run a business, send a written preservation notice to anyone who might have relevant files.
File Your Answer Before the Deadline
Your formal response is called an answer. You go through the complaint paragraph by paragraph and state whether you admit the allegation, deny it, or lack enough information to say either way. Anything you don’t specifically deny can be treated as admitted, so when you’re unsure, deny rather than stay silent.
The answer gets filed with the clerk of the court identified on the summons, with a copy sent to the plaintiff’s attorney. Most courts now accept or require electronic filing. Filing fees for defendants vary by jurisdiction, typically from roughly $100 to over $400 depending on the court and the type of case. Calling the plaintiff or their attorney does not count as responding. You need a formal written document on file with the court.
Affirmative Defenses
Your answer is also where you raise affirmative defenses, which are legal reasons you should win even if everything the plaintiff says is technically true. Several of these must be raised in your initial answer or you risk waiving them.3Legal Information Institute. Federal Rules of Civil Procedure Rule 8 – General Rules of Pleading Common ones include:
- Statute of limitations: the plaintiff waited too long to file.
- Contributory negligence: the plaintiff’s own actions contributed to the harm.
- Waiver or release: the plaintiff previously gave up the right to sue, such as through a signed settlement.
- Estoppel: the plaintiff’s earlier conduct or statements should prevent them from making this claim now.
- Fraud or duress: the agreement at issue was obtained through deception or coercion.
Forgetting an affirmative defense in your answer can mean losing the right to raise it at all. This alone is a strong reason to talk to a lawyer early, even if you plan to handle most of the case yourself.
Counterclaims
If you have your own claim against the person suing you and it arises from the same events as the lawsuit, federal rules treat it as compulsory. Raise it in your answer or potentially lose it forever.5Legal Information Institute. Federal Rules of Civil Procedure Rule 13 – Counterclaim and Crossclaim Claims that involve unrelated matters are permissive, meaning you can file them separately. If a co-defendant or someone outside the case shares responsibility for what you’re being blamed for, there are also mechanisms to pull them in; a lawyer can walk you through whether that fits your situation.6Legal Information Institute. Federal Rules of Civil Procedure Rule 14 – Third-Party Practice
If You Can’t Make the Deadline, Ask Early
Courts can grant extra time for good cause, and before the deadline passes the process is relatively simple. Sometimes the court will grant the extension without even holding a hearing.7Legal Information Institute. Federal Rules of Civil Procedure Rule 6 – Computing and Extending Time The attorney on the other side will often agree to a short extension by stipulation as professional courtesy.
Asking after the deadline is much harder. You’ll need to file a formal motion and show the court that your failure to act on time was due to excusable neglect, which is a higher bar.
What Happens If You Ignore the Papers
Doing nothing is the worst mistake you can make. Once your deadline passes, the plaintiff can ask the court clerk to record your default, an official notation that you failed to defend yourself.8Legal Information Institute. Federal Rules of Civil Procedure Rule 55 – Default; Default Judgment After that, the plaintiff asks for a default judgment, which is a binding ruling in their favor, issued without the court ever hearing your side.
If the suit is for a specific dollar amount that can be calculated from the complaint, the clerk can enter judgment for that amount automatically. In other cases the court holds a hearing on damages, but you’ve already lost on liability.8Legal Information Institute. Federal Rules of Civil Procedure Rule 55 – Default; Default Judgment Once a default judgment exists, the plaintiff can enforce it through wage garnishment, bank account levies, or liens on your property.
A default judgment can sometimes be overturned, but it isn’t easy. Under the federal rules, the court can set one aside based on mistake, surprise, excusable neglect, newly discovered evidence, or fraud by the other party.9Legal Information Institute. Federal Rules of Civil Procedure Rule 60 – Relief from a Judgment or Order For the most common grounds, you must file your motion within one year of the judgment. “I didn’t think it was important” rarely qualifies.
If You Were Served Improperly, Say So Immediately
Service of process has to follow specific rules. If the plaintiff delivered papers to the wrong person, used a method not allowed in your jurisdiction, or never served you at all, you can raise insufficient service of process as a defense.1Legal Information Institute. Federal Rules of Civil Procedure Rule 12 – Defenses and Objections
The catch: you have to raise it immediately, either in a pre-answer motion to dismiss or in your answer itself. Respond on the merits without raising the service issue and you waive it permanently.1Legal Information Institute. Federal Rules of Civil Procedure Rule 12 – Defenses and Objections Even when a service challenge succeeds, the case is usually dismissed without prejudice, which means the plaintiff can fix the problem and serve you again. A service defect buys time; it rarely ends the case.