To respond to court papers, read every page you were handed, find the response deadline printed on the summons, and file a written response with the court before that date. In federal court, you have 21 days from the date of service.1Legal Information Institute. Federal Rules of Civil Procedure Rule 12 – Defenses and Objections: When and How Presented State courts commonly allow 20 to 30 days, with the exact number stated on the summons itself. Miss the deadline and the other side can ask the court to enter a default judgment against you, giving them what they asked for without ever hearing your side.
Read What You Were Served
Your packet usually contains a summons and a complaint (sometimes called a petition). The summons identifies the court and states how long you have to respond. The complaint sets out the specific allegations against you and what the other side wants: money, an order to do or stop doing something, or both. You may also receive an order to show cause, meaning a judge has already set a hearing and you need to appear.
Write down the exact date you received the papers. That is day zero for your response clock. Make copies of everything and put the originals somewhere safe. If pages are missing or unreadable, call the court clerk’s office listed on the summons and request copies from the case file.
Find and Count Your Deadline
The summons states the number of days you have, but the source of that number depends on the court. Federal courts give defendants 21 days from service to respond.1Legal Information Institute. Federal Rules of Civil Procedure Rule 12 – Defenses and Objections: When and How Presented State courts set their own timelines, typically in the 20 to 30 day range.
Count carefully. If the last day falls on a Saturday, Sunday, or legal holiday, the deadline rolls to the next business day.2Legal Information Institute. Federal Rules of Civil Procedure Rule 6 – Computing and Extending Time Being off by a single day can cost you the case before it starts.
What Happens If You Ignore the Lawsuit
Doing nothing does not make the case go away. When a defendant fails to respond in time, the plaintiff can ask the court to enter a default and then a default judgment.3Legal Information Institute. Federal Rules of Civil Procedure Rule 55 – Default; Default Judgment The court accepts the plaintiff’s version of events as true and awards what they asked for, including the original amount, interest, court costs, and attorney fees.
Once the judgment is entered, the plaintiff becomes a judgment creditor with real collection tools. Federal law caps wage garnishment for ordinary debts at 25 percent of your disposable earnings per pay period, or the amount by which your weekly earnings exceed 30 times the federal minimum wage, whichever produces the smaller garnishment.4Office of the Law Revision Counsel. 15 USC 1673 – Restriction on Garnishment A judgment creditor can also freeze bank accounts, place liens on real estate, and in some cases force the sale of property. Interest and costs keep running until the balance is paid.
Check Whether You Were Properly Served
Before you draft anything, consider whether the papers reached you the way the rules require. Service of process has specific requirements, and defective service can be a defense.
In federal court, valid service on an individual means one of three things: handing the papers directly to you, leaving them at your home with someone of suitable age and discretion who lives there, or delivering them to an agent authorized to accept service for you.5Legal Information Institute. Federal Rules of Civil Procedure Rule 4 – Summons States set their own service rules, sometimes allowing certified mail or other methods. Papers dropped on your doorstep, slid under the door without a mailed copy, or served on the wrong person may be defective.
A successful challenge to service usually just gives the plaintiff another chance to serve you correctly, but it can buy time and force the case back to procedural square one. Raise this issue in your first response. Waiting typically waives it.1Legal Information Institute. Federal Rules of Civil Procedure Rule 12 – Defenses and Objections: When and How Presented
Ask for More Time If You Need It
Twenty-one days is short, especially if you are trying to find a lawyer or track down documents. Courts routinely grant extensions when defendants ask before the deadline passes.
The simplest approach is to contact the opposing party’s attorney and ask if they will agree to an extension, called a stipulation. Most attorneys will agree to a reasonable first extension because they expect the same courtesy in return. Put the agreement in writing and file it with the court. If the other side refuses, you can file a motion asking the judge for more time. Judges are far more receptive to a defendant who asks early than one who arrives late with excuses. Filing a motion to dismiss under Rule 12(b) also pauses your obligation to file an answer until the court rules on the motion.1Legal Information Institute. Federal Rules of Civil Procedure Rule 12 – Defenses and Objections: When and How Presented
Draft Your Answer
An answer is the standard written response to a complaint. You go through each numbered allegation and state whether you admit it, deny it, or lack enough information to admit or deny it. Any allegation you fail to address is treated as admitted, so the court accepts it as true.6Legal Information Institute. Federal Rules of Civil Procedure Rule 8 – General Rules of Pleading Responding that you “lack sufficient knowledge” has the same legal effect as a denial, so use it freely when you genuinely do not know.
Your answer should include a caption matching the complaint (court name, case number, party names), your responses to each numbered allegation, any affirmative defenses, and a brief statement of what you want the court to do. Put your name and contact information at the top and sign at the end.
Affirmative Defenses
An affirmative defense is a legal reason the plaintiff should lose even if their factual allegations are true. Raise these in your answer or you lose them. Common ones include:
- Statute of limitations — the plaintiff waited too long to sue, and every type of claim has a filing deadline.
- Payment — you already paid the debt or obligation being sued over.
- Failure to mitigate damages — the plaintiff did not take reasonable steps to limit their own losses.
- Improper service — the papers were not delivered according to the rules.
- Lack of standing — the plaintiff is not the right party to bring the claim, which shows up often in debt collection cases where the debt has been sold and resold.
Do not just list every possible defense. Courts and opposing counsel take boilerplate less seriously than defenses tied to specific facts. If the statute of limitations really has run, say so and explain why. If you paid, attach proof.
Counterclaims
If you have your own claim against the plaintiff, you can raise it in your answer as a counterclaim. In federal court, a counterclaim is required if it arises out of the same events as the plaintiff’s lawsuit; failing to raise it may bar you from bringing it later in a separate case. Unrelated claims are permissive, meaning you can include them but do not have to.7Legal Information Institute. Federal Rules of Civil Procedure Rule 13 – Counterclaim and Crossclaim If a contractor sues you for unpaid work and you believe the work was defective, that counterclaim is compulsory because it comes from the same project.
Consider a Motion to Dismiss Instead
Rather than filing an answer, you may be able to file a motion to dismiss asking the court to throw out the case for procedural or legal deficiencies. Federal Rule 12(b) lists seven grounds:1Legal Information Institute. Federal Rules of Civil Procedure Rule 12 – Defenses and Objections: When and How Presented
- Lack of subject-matter jurisdiction — the court does not have authority over this type of case.
- Lack of personal jurisdiction — the court does not have authority over you, often because you have no meaningful connection to the state.
- Improper venue — the case was filed in the wrong location.
- Insufficient process — the summons or complaint itself has a defect.
- Insufficient service of process — the papers were not delivered correctly.
- Failure to state a claim — even accepting every allegation as true, the complaint does not describe a valid legal claim.
- Failure to join a required party — someone who needs to be part of the case was left out.
Failure to state a claim is the most commonly used ground. If the court denies the motion, you have 14 days to file your answer.1Legal Information Institute. Federal Rules of Civil Procedure Rule 12 – Defenses and Objections: When and How Presented A motion to dismiss is more complex than a straight answer and usually benefits from an attorney’s involvement.
File and Serve Your Response
Once your answer or motion is ready, you file it with the court and deliver a copy to the opposing side. Filing means submitting the original to the court clerk in the county or district where the case was filed. Many courts now require or offer electronic filing through an online portal. Courts that still accept paper filings will let you file in person or by mail.
Filing fees for an answer vary widely by jurisdiction. Some courts charge nothing for a defendant’s first response; others charge from under $50 to several hundred dollars. If you cannot afford the fee, apply for a waiver based on your income or receipt of public benefits. The clerk’s office can tell you the exact fee and provide the waiver application.
After filing, serve a copy of your response on the opposing party or their attorney. For responses filed after the initial summons and complaint stage, service rules are generally less strict than original service of process. Common methods include mailing a copy to the attorney’s office, hand delivery, or electronic service through the court’s system. File proof of service with the court, a short document stating when, how, and to whom you delivered the copy. Without that proof on file, the court may not recognize your response as properly served.
You Can Negotiate While Your Answer Is on File
Filing a response and pursuing settlement are not mutually exclusive. The smart move is usually to file your answer on time and negotiate in parallel. An answer on file protects you from a default judgment while you find out whether a deal is possible.
Settlement is worth considering when you know you owe some or all of the amount claimed, because resolving early saves court costs, attorney fees, and time. Anything said during settlement discussions generally cannot be used against you at trial if talks fail. You can often negotiate a lump-sum payment for less than the full balance, a payment plan, or other arrangements a judge could not order.
Settlement is not always the right call. If the debt is not yours, the amount is wrong, or you have a strong defense such as an expired statute of limitations, fighting may get the case dismissed. If your income and assets are judgment-proof under your state’s exemption laws, even a judgment may be uncollectable, which cuts into the plaintiff’s leverage. And if bankruptcy is on the table, settling a debt that would otherwise be discharged means paying money you did not have to spend.
If a Default Judgment Has Already Been Entered
If you missed the deadline and a default judgment is on the books, the situation is serious but not always permanent. Courts have authority to set aside a default for good cause shown, and to vacate a default judgment under certain circumstances.3Legal Information Institute. Federal Rules of Civil Procedure Rule 55 – Default; Default Judgment Common grounds include never actually receiving the court papers, a legitimate reason for missing the deadline such as a medical emergency, or a viable defense to the underlying claim.
Courts weigh how quickly you acted after learning about the default, whether you have a defense worth hearing, and whether the plaintiff would be unfairly harmed by reopening the case. The longer you wait, the harder it becomes to undo. If a default has been entered against you, talk to an attorney right away. The procedural requirements are strict and the window is narrow.