A summons is an official court document telling you that someone has filed a lawsuit against you and that you must respond within a set time. It is delivered together with the complaint, which explains what the other side claims and what they want. In federal court you usually have 21 days after being served to respond; state courts commonly allow 20 to 30 days.
Key takeaways
- A summons starts the clock on your deadline to respond to a lawsuit.
- If you do nothing, the court can enter a default judgment against you.
- Your response is usually a written answer or a motion filed with the court.
What does a summons contain?
- The name of the court and the case number.
- The names of the plaintiff (who is suing) and the defendant (you).
- The deadline and method for responding.
- The name and address of the plaintiff’s attorney, or the plaintiff if they have no lawyer.
- A warning that a default judgment may be entered if you do not respond.
A civil summons is different from a jury summons, which calls you for jury service, and from a criminal summons or citation, which orders you to appear on a criminal charge.
How is a summons served?
The plaintiff must “serve” you according to court rules, most often by personal delivery from a process server, sheriff or another adult who is not a party. Rules also allow leaving the papers with a responsible adult at your home, service on a registered agent for businesses, and in some cases mail or publication. The date you were served matters, because that is when your deadline usually starts.
How long do you have to respond?
| Situation | Typical deadline |
|---|---|
| Federal court, served with summons | 21 days (FRCP 12(a)) |
| Federal court, you waived formal service | 60 days from when the request was sent (90 if outside the U.S.) |
| California state court | 30 days |
| New York state court | 20 days if personally served; 30 days for other methods |
| Small claims court | Usually a hearing date instead of a written answer |
These are common examples; always read the deadline printed on your summons and your court’s rules. To count the exact date, including weekends, holidays and extra days for mailed service, use our free legal deadline calculator.
What happens if you ignore a summons?
The plaintiff can ask the court for a default judgment. The court may then award what the plaintiff asked for without hearing your side. A judgment can lead to wage garnishment, bank account levies or liens on property. Default judgments can sometimes be set aside, but it is much harder than responding on time.
How to respond to a summons, step by step
- Confirm it is real. Check the case number on the court’s website or call the court clerk. Scammers sometimes send fake lawsuit papers demanding immediate payment.
- Write down the service date and your deadline, then count it carefully.
- Read the complaint closely and gather contracts, receipts, messages and other documents related to the claim.
- Consider talking to a lawyer. Many offer a free first consultation, and legal aid organizations help people with lower incomes.
- File your response with the court and pay any filing fee or request a fee waiver. This is usually an answer that admits or denies each allegation and raises defenses, or a motion, such as a motion to dismiss.
- Serve a copy on the plaintiff or their attorney, as the rules require, and keep proof.
Can you settle instead of responding?
You can negotiate at any time, but negotiation does not pause your deadline unless the plaintiff agrees to an extension in writing and, where required, the court approves it. File your response on time while talks continue.
Frequently asked questions
Can I respond to a summons without a lawyer?
Yes. Individuals can represent themselves, and many courts have self-help centers and fill-in forms. Businesses organized as corporations or LLCs usually must be represented by an attorney outside small claims court.
What if I was never properly served?
Improper service can be a defense, but raise it promptly and in the way your court requires. Ignoring papers because you think service was defective is risky.
Does the deadline include weekends?
In federal court and many states, yes: you count calendar days, and if the last day falls on a weekend or legal holiday the deadline moves to the next court day.
This article is general information. Court rules differ, so check your summons and the court’s website, or contact a local attorney or legal aid office.
