Responding to a Court Summons

Last reviewed on April 27, 2026.

Being handed a stack of papers by a process server is a stressful moment. The first impulse is often to put the envelope on the kitchen counter and try not to think about it. That is the worst thing you can do, because the clock starts running the moment you are served — and missing the response deadline can hand the other side a default judgment without a hearing.

This page explains what is in the typical packet, how to read the deadline correctly, and what your options are. It does not cover criminal summonses, which work differently — see civil vs. criminal cases for the distinction.

What you have actually been handed

In a civil case, "being served" usually means receiving two documents together:

• A summons — a one- or two-page form, issued by the court, that names the case, identifies you as the defendant, and tells you how long you have to respond.
• A complaint (sometimes called a "petition" in family or probate court) — the document the plaintiff filed, listing what they say you did and what they want as a remedy.

You may also see exhibits attached to the complaint and, in some courts, a notice of case-management conference, a notice of right to a jury, or local-rule disclosures. The summons is the document that tells you what to do next; the complaint is the document that tells you why.

Find the deadline first

Every summons has a response deadline, but the exact wording varies. Common phrasings include:

• "You have 21 days after this summons is served on you to file a response with the court." (Federal civil cases under Rule 12.)
• "You must file a written response within 30 days from the date of service." (Many state courts.)
• "You have 28 days to file an Answer." (Used in some state systems.)
• Small-claims courts often use shorter windows — sometimes the date of the hearing is set on the summons itself, with no separate written response required.

Read the language on your summons, not the language on a friend's, and not what an internet search said. The deadline depends on (a) the court, (b) the type of case, (c) the method of service. Calendar the date the day you are served. If the deadline falls on a weekend or court holiday, most courts roll it to the next business day.

Your basic options

1. File an answer

The most common response is an answer — a written document that goes through the complaint paragraph by paragraph and admits, denies, or says you lack enough information to admit or deny each allegation. The answer also lists any affirmative defences you intend to raise (statute of limitations, payment, waiver, fraud, etc.). Most state courts let self-represented parties file a fill-in-the-blank answer form. Federal court requires a more formal pleading, but the structure is the same.

2. File a motion to dismiss

If the complaint is legally defective on its face — wrong court, wrong defendant, time-barred, or fails to state a claim — the defendant can move to dismiss instead of answering. This is the path to take when the dispute is more about a legal flaw than a factual disagreement. Filing a motion usually pauses the answer deadline until the motion is decided.

3. Negotiate a settlement before answering

Plaintiffs often prefer a quick payment to a long lawsuit, and many cases settle before any answer is filed. Even so, the deadline keeps running while you negotiate. If you cannot finish negotiations before the deadline, ask the plaintiff's lawyer in writing for a brief extension and confirm the new date with the court.

4. File a counterclaim

If you have your own claim against the plaintiff arising from the same dispute (or sometimes from a separate one), it goes in the answer as a counterclaim. Some claims are compulsory — meaning if you do not raise them now, you may lose them — so this is a question worth asking a lawyer if there is any doubt.

What happens if you do nothing

Ignoring a summons does not make a case go away. After the deadline, the plaintiff can ask the court for a default — a finding that you have failed to respond. Once a default is entered, the plaintiff can move for a default judgment, often for the full amount they asked for, sometimes plus attorney's fees and costs. A default judgment can support wage garnishment, bank levies, and liens on real property in some states.

Setting aside a default is possible but harder than answering on time. The standard usually requires showing a meritorious defence and a justifiable reason for the missed deadline (illness, defective service, surprise) — and prompt action once you discovered the default.

A practical checklist

Special situations

Small claims

Small-claims summonses often skip the written-answer step and just set a hearing date. Show up. Bring documents. The judge will hear both sides at the hearing. The dollar limits and procedures vary by state — see small claims court limits.

Family law

Divorce, custody, and child-support petitions often come with detailed financial-disclosure requirements due within a tight window. Missing these can lead to default custody and support orders that are very hard to undo. State-specific procedures live in the family law section.

Foreclosure or eviction

These have shorter response windows than ordinary civil cases — sometimes only a few days. Read the summons immediately. Eviction defaults can result in lockouts within weeks; foreclosure defaults can lead to a sale of your home. Take these especially seriously and seek help right away.

The bottom line

The most important moves you can make in the first 48 hours are simple: read the documents, calendar the deadline, and decide whether you are going to handle the case yourself, settle, or hire counsel. Doing nothing is the one option that almost always makes the situation worse.