If you have just been handed a lawsuit, here is what to do if you get sued, in the order it matters: write down the exact date you were served, call a lawyer and your liability insurer the same day, and file a written response with the court before the deadline printed on the summons. Everything else in a civil case flows from those first moves, and the single most damaging mistake people make is treating the papers as something they can deal with later.
Read the Papers and Write Down the Date
The envelope or packet handed to you contains two documents. The summons is a court-issued notice telling you a lawsuit has been filed, identifying the court, and setting the deadline for your response.1United States Courts. AO 440 Summons in a Civil Action The complaint is the plaintiff’s story: what they say happened, the legal basis for their claims, and what they want from the court, whether that is money, an order to stop doing something, or some other remedy.
Papers are usually handed to you in person by a process server. Federal rules also allow delivery by leaving the documents with someone of suitable age at your home, and in some circumstances by mail.2Legal Information Institute. Federal Rules of Civil Procedure Rule 4 – Summons State courts set their own service rules, and many permit certified mail. However the papers arrive, write down the date. Your response clock runs from that moment.
Read the complaint carefully, even if parts of it feel unfair or inaccurate. Note which court the case was filed in, who the plaintiff is, who their lawyer is, what claims they are bringing, and what they are asking for. You will need all of this for the next two phone calls.
Call a Lawyer and Check Your Insurance
Before you draft anything or call the plaintiff, talk to an attorney. A civil lawsuit is a structured contest with tight deadlines, and an experienced lawyer can quickly tell you whether you have strong defenses, whether the case might be dismissed early, and whether the amount at stake justifies the cost of fighting. Many civil defense attorneys offer a free or low-cost initial consultation.
At the same time, pull out any liability insurance policies you have and look at what the lawsuit alleges. Most liability policies include a “duty to defend,” which means the insurance company hires and pays for a lawyer to represent you. Defense costs including attorney fees, court reporters, and expert witnesses are typically covered. Even when coverage is uncertain, insurers often provide a defense while reserving the right to revisit whether the claim falls within the policy. Depending on what the lawsuit is about, the relevant policy might be homeowner’s, renter’s, auto, or professional liability. If any of them might apply, notify the insurer immediately; late notice can itself cost you coverage.
If you cannot afford a lawyer and have no insurance that applies, contact your local legal aid organization or look into the self-help resources many courts provide. You are allowed to represent yourself, but it puts you at a real disadvantage, especially once the case moves into evidence exchange.
File a Written Response Before the Deadline
You have a limited window to respond formally in writing. In federal court, the deadline is 21 days after you are served.3Legal Information Institute. Federal Rules of Civil Procedure Rule 12 – Defenses and Objections State courts set their own, and most fall between 20 and 30 days. The summons itself states the exact number. Count from the service date, not the date on the papers.
Filing an Answer
The main response document is called an answer. In it, you go through each allegation in the complaint one by one and state whether you admit it, deny it, or lack sufficient information to respond. A statement that you lack sufficient knowledge counts as a denial.4Legal Information Institute. Federal Rules of Civil Procedure Rule 8 – General Rules of Pleading
The answer is also where you raise affirmative defenses, which are reasons you should win even if the plaintiff’s facts are true. Common examples include the statute of limitations (the plaintiff waited too long to sue), the plaintiff’s own fault in contributing to their harm, prior payment of the debt, or fraud in the underlying agreement. Defenses you leave out of the answer can be lost for the rest of the case.
If the plaintiff owes you something, raise it in the answer as a counterclaim. If your claim arises from the same set of events as the lawsuit, it is compulsory, meaning you generally must bring it now or forfeit it.5U.S. District Court for the Northern District of Illinois. Federal Rules of Civil Procedure Rule 13 – Counterclaim and Cross-Claim Unrelated claims can be included in the same lawsuit but are not required to be.
Filing a Motion to Dismiss Instead
Rather than answering right away, you can file a motion to dismiss, which asks the court to throw out the case for a specific legal defect. The grounds include the court lacking jurisdiction over you, the plaintiff suing in the wrong court, defective service of papers, or the complaint simply not describing conduct the law recognizes as a valid claim.3Legal Information Institute. Federal Rules of Civil Procedure Rule 12 – Defenses and Objections A successful motion ends the case before you ever have to turn over documents. Even an unsuccessful one can narrow the claims and force the plaintiff to sharpen their case.
What a Default Judgment Costs You
Ignoring the lawsuit does not make it go away. If you miss the response deadline, the plaintiff can ask the court to enter a default judgment, meaning the court rules in their favor without hearing your side.1United States Courts. AO 440 Summons in a Civil Action The court treats the plaintiff’s version of events as true and can award the full amount they asked for. People who assume the plaintiff “can’t collect anyway” are often the ones blindsided years later by wage garnishment or a frozen bank account.
If you have already missed the deadline, the situation is serious but not always permanent. Courts can set aside a default for good cause and can vacate a default judgment under certain circumstances, including mistake, excusable neglect, or the judgment being void.6Legal Information Institute. Federal Rules of Civil Procedure Rule 60 – Relief From a Judgment or Order The longer you wait, the harder it gets. Call a lawyer the same day you realize what happened.
What Comes Next if You Fight
Filing an answer is the first act of a longer case. Knowing the shape of what follows will help you make better decisions along the way.
Discovery
Once your answer is on file, the case enters discovery, the formal evidence-exchange period. Both sides first provide initial disclosures, including the names of people with relevant information, descriptions of supporting documents, and a calculation of claimed damages.7U.S. District Court for the Northern District of Illinois. Federal Rules of Civil Procedure Rule 26 – General Provisions Governing Discovery After that come interrogatories (written questions answered under oath), requests for documents, and depositions (in-person questioning under oath, recorded by a court reporter). Discovery is almost always the longest part of a lawsuit, often lasting several months to over a year.
Treat discovery requests seriously. Refusing to cooperate can lead the court to order you to pay the other side’s attorney fees, bar you from presenting certain evidence, treat specific facts as established against you, or in extreme cases enter a default judgment.8Legal Information Institute. Federal Rules of Civil Procedure Rule 37 – Failure to Make Disclosures or to Cooperate in Discovery
Settlement, Mediation, and Summary Judgment
Roughly 99 percent of federal civil cases never reach trial. Most settle, meaning the parties agree to end the dispute, typically with a payment in exchange for dismissal. Settlement talks can happen at any point, from the week after you are served through the middle of trial.
Many courts encourage or require mediation, a session with a neutral third party who helps both sides explore a resolution. The mediator does not take sides, issue rulings, or impose an outcome, and any agreement is voluntary.9United States Court of Appeals for the Fourth Circuit. Preparing for a Mediation
After discovery closes, either side can ask the court to decide the case without a trial by filing a motion for summary judgment. The court grants it when there is no genuine dispute about the key facts and the law clearly favors one side.10Legal Information Institute. Federal Rules of Civil Procedure Rule 56 – Summary Judgment If the plaintiff cannot point to real evidence supporting their claims, you can end the case here.
Trial, Judgment, and Appeal
If the case does not settle or get resolved on motion, it goes to trial, either before a judge or a jury. The plaintiff presents evidence first, then you present yours and challenge theirs. After closing arguments, the judge or jury reaches a verdict, which becomes a judgment.11U.S. District Court. The Eight Stages of Trial
A judgment against you creates an enforceable obligation. If you do not pay, the plaintiff becomes a judgment creditor and can pursue wage garnishment (capped under federal law at the lesser of 25 percent of your disposable earnings or the amount by which your weekly earnings exceed 30 times the federal minimum wage), bank levies, and liens on your real estate.12U.S. Department of Labor. Fact Sheet 30 – Wage Garnishment Protections of the Consumer Credit Protection Act Unpaid judgments also accrue interest.13Office of the Law Revision Counsel. 28 USC 1961 – Interest
If you believe the trial court made a legal error, you can appeal. In federal court, the notice of appeal is due within 30 days after the judgment is entered.14United States Court of Appeals for the Fourth Circuit. Federal Rules of Appellate Procedure Rule 4 – Appeal as of Right State deadlines vary but are similarly short. An appeal is not a second trial; the appellate court reviews the record for specific errors and cannot hear new witnesses or evidence.
What Defending Costs
Even if you win, defending a lawsuit costs money. Attorney fees are the biggest expense, and a case that runs through full discovery and trial can reach well into five figures for a relatively straightforward dispute. Add court filing fees, deposition transcripts, document handling, and expert witnesses where specialized testimony is needed. Some contracts and statutes let the winning party recover attorney fees from the loser, but that is the exception.
This math is a large part of why settlement is so common. Fighting a $20,000 claim through trial might cost you $30,000 in legal fees even if you prevail. One of the most useful things a lawyer does early is help you run those numbers honestly, so the decision to fight, settle, or move to dismiss is made with eyes open rather than from fear of the envelope you just opened.