If you’ve been handed a court summons, you respond by filing a written answer with the court by the deadline printed on the document and delivering a copy to the plaintiff’s attorney. In federal civil cases that deadline is 21 days after you were served; state deadlines usually run 20 to 30 days depending on the jurisdiction and case type.1Legal Information Institute. Federal Rules of Civil Procedure Rule 12 – Defenses and Objections Ignoring the summons is the worst option available: in a civil case it hands the plaintiff a default judgment, and in a criminal case it can trigger a warrant for your arrest.
Read the Summons and the Complaint First
Two documents arrive together, and each does different work. The summons is the official notice from the court. It names the court, identifies the parties, gives the plaintiff’s attorney’s contact information, states how long you have to respond, and warns that failing to respond will result in a default judgment for whatever the plaintiff asked for.2Legal Information Institute. Federal Rules of Civil Procedure Rule 4 – Summons It carries the court’s seal and the clerk’s signature.
The complaint is the document that actually tells you what you’re accused of. It lays out the plaintiff’s factual allegations and the remedy they want, whether money, an order to stop doing something, or something else. Read every paragraph. Your answer will have to address the complaint one allegation at a time, so understanding what’s in it is the first real step in responding.
How Long You Have to Respond
The clock starts the moment you’re served. In federal court, you have 21 days after service to file an answer or a pre-answer motion.1Legal Information Institute. Federal Rules of Civil Procedure Rule 12 – Defenses and Objections If the plaintiff mailed you a request to waive formal service and you signed and returned it, you get 60 days from the date the waiver was sent instead.2Legal Information Institute. Federal Rules of Civil Procedure Rule 4 – Summons State deadlines typically fall between 20 and 30 days. Evictions, protective orders, and other urgent matters often run shorter, so trust the number on your summons over any general rule.
If you need more time, ask before the deadline runs. The simplest path is to call the plaintiff’s attorney and request an agreed extension; if they consent, the two sides file a written stipulation with the court reflecting the new date. Most attorneys grant a reasonable first request because they may need the same favor later. If the plaintiff refuses, you can file a motion asking the judge for an extension. Courts have broad discretion, but a motion filed before the deadline is far easier to win than one filed after.
Writing and Filing Your Answer
Your answer walks through the complaint paragraph by paragraph. For each allegation you either admit it, deny it, or state that you lack enough knowledge to admit or deny — that last option is treated as a denial. Anything you don’t respond to is treated as admitted, so a sloppy or incomplete answer can concede the case for you.3Legal Information Institute. Federal Rules of Civil Procedure Rule 8 – General Rules of Pleading
The answer is also where you raise affirmative defenses. These are reasons you should win even if the plaintiff’s facts are correct — an expired statute of limitations, the plaintiff’s own negligence, a prior release of the claim. If you don’t raise an affirmative defense in your answer, you can lose the right to raise it later.3Legal Information Institute. Federal Rules of Civil Procedure Rule 8 – General Rules of Pleading
Once the answer is drafted, you file it with the court and serve a copy on every other party. Federal rules allow service by hand delivery, mail, or electronic means if the recipient has agreed to electronic service. If you serve by any method other than the court’s electronic filing system, you also have to file a certificate of service stating the date and method of delivery.4Legal Information Institute. Federal Rules of Civil Procedure Rule 5 – Serving and Filing Pleadings and Other Papers
Expect a filing fee when you enter your appearance. Fees vary widely, from nothing in some courts to several hundred dollars in others. If you can’t afford it, most courts let you apply for a fee waiver based on income.
If You Think the Summons Was Served Improperly
Defective service is a real defense, and raising it can force the plaintiff to start the service process over. Under federal rules, you challenge it with a motion to dismiss under Rule 12(b)(5) for insufficient service of process.1Legal Information Institute. Federal Rules of Civil Procedure Rule 12 – Defenses and Objections
The timing rule is strict. You must raise the objection either in a pre-answer motion or in the answer itself. File an answer that addresses the merits without mentioning the service defect and you waive the objection permanently.1Legal Information Institute. Federal Rules of Civil Procedure Rule 12 – Defenses and Objections Common problems worth raising: the papers were left with someone who doesn’t live at your address, the person who accepted them was a young child, or you never received the documents at all.
What Happens If You Don’t Respond
The stakes depend on whether the case is civil or criminal, and neither outcome favors you.
Civil: Default Judgment
Miss the deadline in a civil case and the plaintiff can ask the clerk to enter a default against you. From there, the plaintiff seeks a default judgment. If the claim is for a fixed amount that can be calculated from the documents, the clerk can enter judgment without a hearing; otherwise, the plaintiff applies to the judge, who may hold a hearing on damages.5Legal Information Institute. Federal Rules of Civil Procedure Rule 55 – Default and Default Judgment
A default judgment can be enforced through wage garnishment, bank account levies, and liens on your property. The plaintiff gets whatever they asked for in the complaint, and you never got to argue your side.
Criminal: Bench Warrant
In criminal cases, the government can request a summons instead of an arrest warrant, and a criminal summons orders you to appear in court on a specific date.6Legal Information Institute. Federal Rules of Criminal Procedure Rule 4 – Arrest Warrant or Summons on a Complaint Skip the appearance and the court can issue a bench warrant. That warrant doesn’t expire. You could be arrested during a traffic stop, at work, or anywhere law enforcement runs your name. Failure to appear can also bring contempt charges, bond forfeiture, and harsher treatment on the underlying case.
If a Default Judgment Has Already Been Entered
A default isn’t always permanent. Federal Rule 60 lets a court set aside a default judgment for reasons including mistake, inadvertence, surprise, excusable neglect, newly discovered evidence, or fraud by the opposing party. For the first three grounds, you have to file your motion within one year of the judgment. Other grounds require filing within a “reasonable time,” which the court decides case by case.7Legal Information Institute. Federal Rules of Civil Procedure Rule 60 – Relief From a Judgment or Order
Courts generally prefer to decide cases on the merits, and if you can show a legitimate reason for missing the deadline and a viable defense to the claims, a judge may be willing to reopen the case. Never receiving the summons in the first place is among the stronger arguments. Even so, convincing a judge to undo a default is much harder than responding on time.
Getting Legal Help
The procedural rules around responding to a summons are unforgiving about deadlines and format, and a small mistake in the answer can waive a defense. An attorney can read the complaint, identify your strongest defenses, draft the answer, and appear in court. For cases involving significant money or any criminal charge, that’s usually worth the cost.
If you can’t afford a private attorney, legal aid organizations funded by the Legal Services Corporation operate in every state and U.S. territory and provide free civil legal help to people who meet income eligibility requirements.8Legal Services Corporation. I Need Legal Help Local bar associations often run pro bono referral programs and legal clinics as well. Even a single consultation can help you avoid the procedural misstep that decides the case.