What to Do If You Are Sued

Being handed court papers is stressful, but the worst thing you can do is ignore them. The papers come with a deadline, and missing it can mean the other side wins automatically.

Read what you were served

You will usually receive a summons and a complaint. The summons tells you which court the case is in and how long you have to respond. The complaint says who is suing you, what they claim you did, and what they want, usually money.

Mind the deadline

The time to respond is short. In federal court it is generally 21 days from being served. State courts set their own deadlines, commonly somewhere around 20 to 30 days, and the summons should say. If you do not file a response in time, the plaintiff can ask for a default judgment, and the court can rule against you without hearing your side. A default judgment can lead to wage garnishment or a lien.

Steps to take right away

Write down the date you were served and work out the deadline.
Do not contact the other side to argue the case. Anything you say can be used.
Gather documents: contracts, invoices, emails, texts, photos and anything else connected to the dispute.
Tell your insurer. Homeowners, auto, renters and business policies sometimes cover the defense of a lawsuit, but usually only if you report it promptly.
Talk to a lawyer before the deadline. Even if you plan to handle it yourself, a short consultation can identify defenses you would not know about.

Your options for responding

File an answer that admits or denies each claim and raises your defenses.
File a motion asking the court to dismiss some or all of the case, for example if it was filed too late or in the wrong court.
Negotiate a settlement. Many cases settle. A lawyer can often get an extension of the deadline while you talk.
Bring your own claims against the plaintiff, called a counterclaim, if they owe you something.

Small claims cases

If the case is in small claims court, the process is simpler and lawyers are often not required. See small claims court vs. hiring a lawyer. For how a full case unfolds, see how a civil lawsuit works.

Served with papers? Find a civil litigation attorney near you and call before your deadline passes.

This guide is general information, not legal advice. Deadlines and procedures vary by court and state.