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Civil defendant

I was served with a lawsuit. What do I do?

Read the complaint, calendar the deadline to respond (usually 20-30 days), decide whether to answer pro se or hire counsel, and never ignore the summons.

Getting served with a lawsuit is genuinely frightening. The good news: the process is structured. Every state gives you a fixed window to respond (typically 20-30 days from service), and during that window you have real options. The single most dangerous thing you can do is ignore the summons - the plaintiff can take a default judgment against you for the full amount they're asking, and from there it's a much harder fight.

What to do

  1. Step 1

    Read every page of the summons and complaint

    The summons tells you what court, what case number, and how many days you have to respond. The complaint tells you what the plaintiff claims you did and what they want from you. Highlight three things: the deadline, the exact dollar amount, and any factual claims you flatly disagree with.

  2. Step 2

    Calendar the response deadline immediately

    Most states give 20-30 days from the date of service. Some federal cases give 21. Put the deadline in two different places (phone + paper) and set a reminder one week before. Missing it = default judgment = collections.

  3. Step 3

    Decide whether to handle it yourself or hire counsel

    If the dollar amount is under your state's small-claims ceiling (usually $5,000-$25,000) and the facts are simple, pro se is reasonable. If it's anything complex, contract dispute, employment, or anything where attorney fees are at stake, get a consultation - many lawyers offer 30 free minutes for new matters.

  4. Step 4

    File an Answer with the court before the deadline

    An Answer is a short document that responds to each numbered paragraph in the complaint with admit / deny / lack knowledge to admit or deny. You can write one yourself for $0 (every state's court website has templates) or have a lawyer draft one for $300-$800.

  5. Step 5

    Save every document and never communicate with the plaintiff directly

    Once a lawsuit is filed, all communication should go through the court or through counsel. Any text, email, or voicemail you send to the plaintiff can be used as evidence.

Common questions

What happens if I ignore the lawsuit?

The plaintiff can ask the court for a default judgment for the full amount they sued for, plus their court costs and (in some cases) attorney fees. That judgment is collectible: they can garnish your wages, levy your bank accounts, and in some states put a lien on your home.

Do I need a lawyer to respond?

No, but it depends. Small claims and simple matters under your state's pro se ceiling are routinely handled without counsel. For anything with significant dollar exposure, employment claims, contract disputes, or where the other side has a lawyer, a consultation is worth the money even if you ultimately handle the response yourself.

Can I just call the plaintiff and settle?

You can try, but be careful. Any admission you make can be used as evidence if the case goes to trial. If you want to settle, get the agreement in writing, signed by both sides, and either file it with the court as a stipulation or have a lawyer review it before signing.

What does Advottic do here?

Advottic organizes the case file: deadline tracking, exhibit packets, Bella to help draft a first-pass Answer, and the Find Counsel directory if you decide to hire a lawyer. The platform isn't a law firm and doesn't give legal advice; consult a licensed attorney in your jurisdiction before filing anything you didn't write yourself.

Last reviewed: 2026-06-08. This guide is informational only and is not legal advice. Consult a licensed attorney in your jurisdiction before acting on any of the above.

More guides: advottic.com/guides. Leer en español: advottic.com/es/guias/me-demandaron-que-hago.