Written & reviewed by NotALawyer Review AI · Updated June 26, 2026
What a summons and complaint mean, how long you have to respond, and how to file an Answer — in any state.
If you remember nothing else from this guide, remember this: a lawsuit does not go away when you avoid it. The single biggest mistake people make after being served is doing nothing. If you let your deadline pass without responding, the person suing you can ask the court for a default judgment — a ruling in their favor entered without the court ever hearing your side. In most courts, your silence is treated as if you agreed with everything in the complaint.
A default judgment is not just a piece of paper. Once it is entered, it can be enforced. Depending on your state's rules, the winning party may be able to garnish a portion of your wages, freeze or levy a bank account, or put a lien on property you own. Getting a default set aside after the fact is sometimes possible, but it is harder, slower, and never guaranteed — so it is far better to respond on time than to fix a default later.
Your first job, before you decide what to argue, is simply to protect your right to be heard. Calendar your deadline the day you are served. Even a basic, timely response keeps the case alive and stops the clock on a default judgment.
When you are served, you usually receive two documents, and they do different jobs. The complaint (in some states called a petition) is the plaintiff's side of the story — it names who is suing, lays out what they say you did, and states what they want, whether that is money, an order, or something else. The summons is the court's official notice that the case exists and that you are required to respond by a deadline.
Read both slowly and write down the key facts. You are looking for the name and location of the court, the case or docket number, the names of the parties (who is the plaintiff, who is the defendant), the deadline or the number of days you have to respond, and how you were served. Note what the plaintiff is actually asking for, since that tells you how much is at stake.
Keep the papers and the envelope, and write down the date and manner you were served. That service date usually starts your response clock, and it can matter again later if there is ever a dispute about whether service was done correctly. Our I Was Served tool walks through these documents field by field so you know what each part means.
The amount of time you have to respond is one of the most state-specific parts of this whole process. It depends on your state, and often on how you were served — personal delivery, service by mail, and substituted service can each carry a different window. In many states the window lands somewhere in the range of about 20 to 30 days, but you should not lean on a generic number. Find your state's exact rule: the comparison table on this page lines up all the states, and the 'your state' panel shows the figure that applies where you live.
Federal civil cases run on their own clock. Under the Federal Rules of Civil Procedure, a defendant generally has 21 days after being served to respond, with longer windows in certain situations — for example, when the United States or a federal agency is a party. State court and federal court are different systems, so the first thing to confirm is which court your summons actually names.
The clock generally starts on the day you are served, not the day you finally read the papers or the date printed at the top of them. If your deadline is close, you can often ask the court or the other side for more time, but never assume an extension — put the real date on your calendar now. Our Deadline and Statute of Limitations tool can help you pin down the response window along with other dates that may apply to your case.
The most common way to respond is to file a document called an Answer. An Answer goes through the complaint paragraph by paragraph and responds to each allegation in one of three ways: you admit it, you deny it, or you state that you lack enough knowledge to admit or deny it (which the law generally treats as a denial). The point is to tell the court, allegation by allegation, what you actually dispute.
This matters because of a trap built into the complaint itself: in most courts, any allegation you do not specifically address is treated as admitted. A vague or half-finished Answer can accidentally concede facts you genuinely dispute. So respond to every numbered paragraph, even the ones that seem minor.
An Answer is also where you raise affirmative defenses — reasons you should not lose even if some of the plaintiff's facts are true. Common examples include that the deadline to sue (the statute of limitations) has already passed, that the debt was paid, that you were released from the obligation, or that the plaintiff sued the wrong person. Affirmative defenses generally have to be raised early, or they can be lost, so list every one that might apply. If the plaintiff actually owes you, this is also where a counterclaim can come in.
An Answer is not the only way to respond. Instead of answering right away, a defendant can sometimes file a motion to dismiss — in some states still called a demurrer — arguing that even if everything in the complaint were true, it does not add up to a valid legal claim, or that the court lacks authority over the case, or that the case was filed in the wrong place. Under the federal rules, several of these threshold defenses are raised by motion before an Answer is due. If the motion is denied, that usually just means you then file your Answer.
Debt collection cases deserve a special mention, because they are among the most common lawsuits consumers face — and a large share end in default simply because the person sued never showed up. If you are sued over a debt, you can deny the debt and demand that the plaintiff prove it: that they actually own the debt, that the amount is correct, and that they have the records to back it up. Companies that bought old debt in bulk sometimes cannot produce that proof. Our Debt Collection and Garnishment guide covers this in depth, including your rights under federal debt-collection law and what a collector has to show.
You have the right to represent yourself in almost any civil case — that is called appearing 'pro se' (sometimes 'pro per'). Whether it is a good idea depends on the stakes and the complexity. Some forums are designed for people without lawyers: small claims court, for example, uses simplified procedures, and many states limit or bar lawyers at the hearing entirely. Other matters — a large money judgment, a suit that could cost you your home, or anything involving a child or your immigration status — usually call for a licensed attorney.
Factors people tend to weigh include how much money or property is at risk, whether the other side already has a lawyer, how much formal court procedure the case involves, and how comfortable they are managing deadlines and paperwork. Even if you ultimately represent yourself, paying for a single consultation to review your draft Answer can be money well spent. To think this through, our Do I Need a Lawyer? tool walks through these same factors.
If you decide you want representation, talk to a licensed attorney in your state. Many state and local bar associations run lawyer-referral services, and a lot of attorneys offer a free or low-cost first consultation. NotALawyer is a directory of legal information, not a referral service — the goal here is to help you understand your options and then find a lawyer who is right for your situation.
Responding can come with a filing fee — many courts charge a fee to file your Answer or your first appearance. If you cannot afford it, nearly every court offers a fee waiver (sometimes filed as proceeding 'in forma pauperis') for people below an income threshold or who receive certain public benefits. Ask the clerk for the fee-waiver form. You generally do not lose your right to respond just because money is tight, so do not let a fee stop you from filing on time.
You also do not have to figure this out alone, and you do not have to pay for help. Legal aid organizations provide free civil legal assistance to people who qualify, usually based on income. Court self-help centers and self-represented-litigant programs help people understand and fill out the forms. National directories such as LawHelp.org and the Legal Services Corporation's locator connect you to free help in your state. Our Legal Aid Eligibility tool can give you a sense of whether you might qualify before you pick up the phone.
Filing your Answer is the beginning of the case, not the end of it. You generally have to serve a copy on the plaintiff (or their lawyer) and file proof of that service with the court, so the other side knows you have responded. From there, most cases move into discovery — the formal exchange of information, where each side can request documents, send written questions to answer under oath, and take depositions.
Most lawsuits never reach a trial. Many settle along the way, and a number of courts require or strongly encourage mediation or a settlement conference first. If a case does not settle and is not dismissed, it heads toward trial, where a judge or jury decides the outcome. Through all of it, deadlines keep mattering, so keep a calendar and read everything the court sends you.
Here is how the whole arc can look. Say someone is served at home with a complaint claiming they owe $4,200 on an old credit card. The worst move is to drop the papers in a drawer and hope it passes. The better path is to write down the service date, find their state's response deadline in the panel above, file a timely Answer that denies the debt and demands proof, and ask about a fee waiver if the filing fee is a hardship. That single timely response is often the difference between a case they get to contest and a default judgment entered against them.
This is how many days you generally have after being handed a summons and complaint to file a written answer with the court before the other side can ask for a default judgment against you. Each value is cited to the state statute or agency; a state with no sourced figure shows "Not yet sourced."
General information, not legal advice. Rules change and exceptions apply — confirm the current rule with the cited source for your state.
These guides are general information about the law, not legal advice for your specific situation. Talk to a licensed lawyer in your state before making decisions that affect your rights.