A stranger handed you papers. You looked down and saw the word "SUMMONS." Your heart is pounding. Take a breath — you have time to respond, but not unlimited time. This guide walks you through exactly what to do in the first 72 hours, then week by week, through filing an answer and avoiding a default judgment.
Ark reads your lawsuit papers and explains in plain language what's being claimed, what deadlines apply, and what your options are.
Scan My Complaint FreeThe most important fact about a lawsuit: deadlines are counted from the day you were served, not the day you read the papers. Every state has its own clock. Missing it means the plaintiff can get a default judgment against you without you ever speaking.
Here are the typical deadlines to file an answer after being served in civil court. Always confirm with your specific court rules — some cases (small claims, landlord-tenant, debt) have shorter windows.
| State | General Answer Deadline | Small Claims / Special |
|---|---|---|
| California | 30 days | Varies; check summons |
| New York | 20 days (personal); 30 days (other) | Summary proceedings: often shorter |
| Texas | Monday after 20 days | Small claims: 14 days |
| Florida | 20 days | Unlawful detainer: 5 days |
| Illinois | 30 days | Small claims: 14 days |
| Pennsylvania | 20 days (after Notice to Defend) | Landlord-tenant: varies |
| Ohio | 28 days | Forcible entry: 7 days |
| Georgia | 30 days | Small claims: 30 days |
| Michigan | 21 days (personal); 28 days (mail) | Landlord-tenant: 10 days |
| Federal court | 21 days | 60 days if waiver of service |
Count calendar days, not business days (unless your state rule says otherwise). If the deadline falls on a weekend or legal holiday, it usually extends to the next business day. But don't cut it close.
Upload your summons and complaint to Ark. We'll identify your court, your exact deadline, and the specific rule that governs it.
Check My Deadline FreeIf you don't respond to a lawsuit by the deadline, the plaintiff can ask the court for a default judgment. This means:
The solution is simple: file an answer on time. Even a basic answer that denies the claims stops the default clock.
An "answer" is a legal document where you respond to each claim in the complaint. Here's the structure:
Copy the court name, case number, plaintiff, and defendant exactly as they appear on the complaint. Label your document "ANSWER."
The complaint has numbered paragraphs. Your answer must respond to each one. For every paragraph, say one of three things:
Example: "Defendant admits paragraph 1. Defendant denies paragraph 2. Defendant lacks sufficient knowledge to admit or deny paragraph 3."
These are reasons you shouldn't be liable even if the plaintiff's facts were true. Common ones: statute of limitations, payment, release, fraud, duress, lack of standing, failure to state a claim. List any that may apply.
Sign, date, and include your mailing address. Attach a "certificate of service" saying you mailed a copy to the plaintiff's attorney at the address on the complaint.
File the original with the court clerk (in person, by mail, or electronically depending on the court). Mail a copy to the plaintiff's attorney. Keep a stamped/dated copy for your records.
Short answer: it depends on what you're being sued for and how much is at stake.
If you can't afford a lawyer, try: legal aid organizations in your state, your state bar's lawyer referral service, law school clinics, or limited-scope representation (a lawyer handles just one piece of your case).
Service rules vary by state, but "proper service" can include personal delivery, substituted service (handing papers to an adult at your home), mail, or in some cases publication in a newspaper. If you believe you weren't properly served, you may be able to file a motion to quash service — but this is complex. Speak with a lawyer or upload your papers to Ark for guidance on whether service was valid.
Yes. You can negotiate with the plaintiff's lawyer at any time. But you still need to file an answer by the deadline unless the plaintiff agrees in writing to extend it. Any settlement should be in writing and typically includes dismissal of the case.
Filing an answer is separate from ability to pay. You still respond to the lawsuit to prevent a default judgment. Then, depending on what's at stake, you can negotiate a payment plan, dispute the amount, or in some cases consider bankruptcy protection. Don't let inability to pay stop you from responding.
State court filing fees for an answer typically range from $30 to $250. Many courts offer fee waivers if you qualify based on income. Federal court is generally more expensive. Ask the clerk about a fee waiver application if finances are tight.
Maybe — depends on your state's statute of limitations, which varies from 3 to 10+ years depending on the type of debt. If the debt is outside the limitations period, you can raise it as an affirmative defense in your answer. Don't pay anything or acknowledge the debt before you respond, because payment can restart the limitations clock.
If the plaintiff caused you damages or violated your rights, you may want to file a counterclaim along with your answer. This is common in debt-collection suits where the collector violated the FDCPA. Get a lawyer's advice before filing counterclaims — they have their own deadlines and legal requirements.
Don't guess. Ark reads your complaint, identifies claims, deadlines, and defenses, and explains your situation in language you'll actually understand.
Upload My ComplaintDisclaimer: This article is general information, not legal advice. Every lawsuit is different, and legal rules vary by state, court, and claim type. For critical decisions, consult a licensed attorney in your jurisdiction.
Related emergency guides: How to respond to an eviction notice • What to do after wrongful termination