If you have been served with a lawsuit, the first thing to know is that the clock is already running. In federal court you have 21 days from the date you were served to file a formal response, and most state courts give between 20 and 35 days.1United States Courts. AO 440 – Summons in a Civil Action Miss that window and the other side can win automatically, without a judge hearing a word from you. What to do when you get sued breaks down into a short sequence: read the papers, check for insurance coverage, preserve your evidence, talk to a lawyer if you can, and file either an answer or a motion to dismiss before the deadline expires.
Read the Papers You Were Served
Two documents arrive together. The summons is the court’s official notice that someone has filed suit against you. It names the court, the case number, the parties, and your deadline to respond. The standard federal summons tells you to respond within 21 days after service. State deadlines run from 20 to 35 days depending on jurisdiction. Find the deadline, write it on your calendar, and work backward from it.
The complaint is the plaintiff’s side of the story. It lays out numbered factual allegations, explains why the plaintiff believes you are legally responsible, and states what they want: money, an order that you do or stop doing something, or both. Every numbered paragraph matters, because when you file your answer you have to respond to each one individually.
Before you do anything else, check how the papers reached you. In federal court the person serving them must be at least 18 and not a party to the case.2Legal Information Institute. Federal Rules of Civil Procedure Rule 4 If service was defective, you can challenge it with a Rule 12(b)(5) motion.3Legal Information Institute. Rule 12 – Defenses and Objections Be realistic about this one. Courts tend to overlook minor technical flaws when you clearly received actual notice, so the defense works best when the service problems are serious.
What to Do in the First Few Days
Do not call the plaintiff or their lawyer to argue. Anything you say can be used against you. Focus on four things instead.
Check Your Insurance First
This step alone can save you tens of thousands of dollars, and most people skip it. If the lawsuit involves a car accident, someone getting hurt on your property, professional services you provided, or damage you allegedly caused, your auto, homeowner’s, renter’s, or professional liability policy may cover it. Liability policies typically include a “duty to defend,” which means the insurer must provide you with a lawyer at no cost and cover any judgment or settlement up to the policy limits. Call your insurance company right away. Waiting too long to notify your insurer can void coverage entirely, even on a claim the policy would otherwise have paid.
Preserve Everything
Gather every document, email, text message, photograph, contract, and receipt that relates to the allegations. Do not delete digital files, even ones that look unhelpful to your case. Destroying evidence after you know about a lawsuit can bring severe sanctions, and judges routinely draw negative conclusions when evidence disappears.
Talk to a Lawyer
A lawyer can spot defenses you would miss, explain the procedural rules for your specific court, and help you avoid expensive mistakes. Many attorneys offer free or low-cost initial consultations. If you cannot afford one, check whether your county has a legal aid office or a self-help center at the courthouse. Many courts also publish fill-in-the-blank answer forms for people representing themselves.4United States Courts. Defendant’s Answer to the Complaint
Ask for More Time If You Need It
If the deadline is close and you are not ready, you can request an extension. In federal court, filing the request before the original deadline expires lets the court grant more time for good cause. If the deadline has already passed, you have to show “excusable neglect,” meaning the delay was not your fault or was caused by something a reasonable person would find understandable.5Legal Information Institute. Rule 6 – Computing and Extending Time Never assume you will get one. File something by the deadline, even a bare-bones answer you plan to amend later.
How to Formally Respond
You have two main options: file an answer, or file a motion to dismiss. An answer addresses the substance of the complaint. A motion to dismiss argues that the lawsuit should be thrown out before you have to answer at all. Filing a motion to dismiss pauses your answer deadline.
Filing an Answer
The answer is the most common response. You go through each numbered paragraph of the complaint and state one of three things: you admit it, you deny it, or you lack enough information to admit or deny. Do not leave any paragraph unanswered. Allegations you fail to deny can be treated as admitted.
The answer is also where you raise affirmative defenses. These are legal reasons the plaintiff should lose even if every fact they alleged is true. Common examples include an expired statute of limitations, a signed waiver or release, or the plaintiff being partly at fault for their own injuries. Affirmative defenses you do not raise in your answer can be waived, so include every one that could plausibly apply.
Counterclaims
If the plaintiff has harmed you in a way that arises from the same events described in their complaint, you are not just free to file a counterclaim in federal court. You are required to. Under Rule 13(a), any claim against the plaintiff that grows out of the same underlying transaction must be raised in your answer. Leave it out and the counterclaim is permanently barred.6Legal Information Institute. Rule 13 – Counterclaim and Crossclaim This is where self-represented defendants get burned most often. They focus on defense and forget to assert their own claims.
Claims against the plaintiff that involve unrelated events are permissive. You can include them in your answer or save them for a separate lawsuit later.
Motion to Dismiss
Instead of answering, you can file a pre-answer motion to dismiss under Rule 12(b). The argument is that the case has a fundamental flaw that should end it immediately. The most common grounds:
- Failure to state a claim. Even taking the complaint as true, the facts do not add up to a recognized legal claim.
- Lack of personal jurisdiction. The court has no authority over you, often because you have no meaningful connection to the state where the suit was filed.
- Improper venue. The suit was filed in the wrong court location.
- Insufficient service of process. The summons and complaint were not delivered the way the rules require.
A motion to dismiss has to be filed before your answer, and it pauses the answer clock. If the court denies the motion, you then have 14 days from notice of the decision to serve your answer.3Legal Information Institute. Rule 12 – Defenses and Objections
Filing and Serving Your Response
Preparing the response is only half the job. You also have to file it with the court and deliver a copy to the plaintiff before your deadline expires.
Filing means submitting the response to the clerk of the court where the lawsuit was filed. Most federal courts require attorneys to file electronically. For self-represented parties, rules vary. Some courts allow e-filing, others require paper.7United States Courts. Federal Rules of Civil Procedure If you file in person, bring an extra copy and ask the clerk to stamp it with the filing date. That stamped copy is your proof. For electronic filing, the system records the date and time, and federal courts set the cutoff at midnight in the court’s time zone.5Legal Information Institute. Rule 6 – Computing and Extending Time
Courts charge a filing fee. If you cannot afford it, federal courts allow fee waiver applications based on your income, expenses, and assets.8United States Courts. Fee Waiver Application Forms
After filing, deliver a copy of your response to the plaintiff or their attorney. Serving later papers is simpler than service of the original summons. Mail, hand delivery, or electronic means by agreement are generally all acceptable. Include a certificate of service with your filing, a short statement confirming the date, method, and address you used.
If You Ignore the Lawsuit
Miss the deadline and the plaintiff can ask the court to enter a default judgment against you. It happens in two steps. First, the plaintiff asks the clerk to enter a “default,” which is a formal record that you failed to respond. Then the plaintiff seeks the actual judgment. If the claim is for a specific dollar amount, the clerk can enter judgment without a hearing. Otherwise the court holds a hearing to determine the award.9Legal Information Institute. Rule 55 – Default; Default Judgment
A default judgment is fully enforceable. The plaintiff can garnish your wages, levy your bank accounts, or place a lien on your real property. Federal law caps wage garnishment at 25 percent of your disposable earnings per week, or the amount by which your weekly earnings exceed 30 times the federal minimum wage, whichever results in a smaller garnishment.10Office of the Law Revision Counsel. 15 USC 1673 – Restriction on Garnishment Bank accounts are more exposed. A creditor with a judgment can freeze and seize deposited funds, though federal benefits like Social Security and veterans’ benefits have some protection.11Consumer Financial Protection Bureau. Can a Debt Collector Take or Garnish My Wages or Benefits A property lien attaches to your real estate and can prevent you from selling or refinancing until the judgment is paid.
Can You Undo a Default?
If you missed the deadline, the situation is serious but not always permanent. A court can set aside a default for “good cause,” and can set aside a default judgment under Rule 60(b).9Legal Information Institute. Rule 55 – Default; Default Judgment Grounds include mistake, excusable neglect, newly discovered evidence, fraud by the opposing party, or a judgment that is void because the court lacked jurisdiction over you.12Legal Information Institute. Rule 60 – Relief from a Judgment or Order For most of these grounds the motion has to be filed within one year of the judgment. Courts generally look at three factors: whether you had a good reason for missing the deadline, whether you acted quickly once you learned of the default, and whether you have a viable defense to the underlying claim. The longer you wait, the harder it becomes. If you learn a default judgment has been entered against you, talk to a lawyer immediately.
What Comes After You Respond
Filing your answer is the start of the case, not the end. Once both sides have responded, the lawsuit moves into discovery, where each party gathers evidence from the other. Discovery is usually the longest and most expensive stage.
In federal court, both parties have to make initial disclosures within 14 days of their planning conference, without waiting for the other side to ask. You hand over the names and contact information of anyone with relevant information, copies or descriptions of documents that support your position, a breakdown of any damages you are claiming, and any relevant insurance agreements. You cannot wait until your investigation is complete. The rule requires you to share what you reasonably know at the time.13Legal Information Institute. Rule 26 – Duty to Disclose Beyond that, both sides can use written questions answered under oath, requests for documents, requests to admit facts, and depositions.
Settlement is possible at any point, including after you file your answer. Most civil lawsuits never reach trial, and settling is almost always cheaper, faster, and less stressful than fighting through discovery and trial. A settlement agreement should spell out exactly how much will be paid, when, and in what form, and should include a release of claims so the plaintiff cannot sue you again over the same dispute. If payment is in installments, address what happens if a payment is missed, or you could face a renewed lawsuit or immediate entry of judgment for the full amount.