Immediate Deadlines
- File written answer or motion:20-30 days from service (varies by state and court)
- Federal court answer deadline:21 days under Fed. R. Civ. P. 12(a)
- Request extension if needed:Before the answer deadline expires
Documents You'll Need
- Summons and complaint you were served
- Proof of service document
- Any contracts, communications, or evidence related to the dispute
- Insurance policies that may cover the claim
- List of potential witnesses
Step-by-Step
Read the complaint carefully
Identify each cause of action, the relief requested, and the court where it was filed. Note the case number, the plaintiff's attorney, and any specific allegations against you. Don't ignore the lawsuit — even if the claims seem absurd, you must respond.
Calendar your deadline
Find the exact response deadline. Federal court: 21 days from service. Most states: 20-30 days. The clock starts on the date of service, not the date you read the papers. Mark the deadline prominently and set multiple reminders.
Check your insurance coverage
If the lawsuit involves a car accident, business activity, or property damage, your homeowners, auto, or commercial liability insurance may provide a defense. Notify your insurer immediately — late notice can void coverage.
Decide your response: Answer or Motion to Dismiss
An Answer responds to each allegation (admit, deny, or lack knowledge) and asserts affirmative defenses. A Motion to Dismiss asks the court to throw out the case for legal reasons (no jurisdiction, statute of limitations, failure to state a claim under Rule 12(b)(6)).
File your response with the court
File the original with the court clerk and serve a copy on the plaintiff's attorney. Most courts require electronic filing. Pay the filing fee (typically $200-400) or apply for a fee waiver if you qualify based on income.
Engage in discovery
After answering, both sides exchange information through interrogatories (written questions), document requests, depositions, and requests for admission. This phase typically lasts 6-12 months in state court, longer in federal court.
Consider settlement
Most civil cases settle before trial. Mediation, settlement conferences, and direct negotiation are all options. A reasonable settlement often beats years of litigation costs and uncertainty.
How This Varies by State
Response deadlines vary: California gives 30 days, Texas 20 days plus the next Monday, New York 20-30 days depending on service method, Florida 20 days. Some courts (like New York City) have specialized parts that move faster. Small claims courts have different rules and shorter deadlines. Service methods (personal, mail, publication) can affect when the clock starts.
Federal Law Considerations
Federal lawsuits follow the Federal Rules of Civil Procedure. The 21-day answer deadline (Rule 12(a)) applies regardless of state law. Federal courts require electronic filing through PACER/CM-ECF for represented parties. Diversity jurisdiction requires complete diversity and over $75,000 in controversy.
Common Mistakes to Avoid
- Ignoring the summons hoping it will go away — leads to default judgment
- Missing the answer deadline by even one day
- Filing only an answer when a Motion to Dismiss could end the case
- Failing to assert affirmative defenses (waiver of rights)
- Not notifying insurance carrier within policy time limits
Official Resources
Related Resources on This Site
Forms
- answer
- motion to dismiss
When to Get a Lawyer
- Any lawsuit seeking more than $10,000 in damages
- Cases involving fraud, breach of contract, or business disputes
- If you don't understand the claims or what defenses apply
Frequently Asked Questions
What happens if I miss the deadline?
Can I represent myself?
Do I need to attend court immediately?
How much does it cost to defend a lawsuit?
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.