What to do when you just got served

In short: Do not ignore the papers. Find the deadline to respond on the summons, write it down, gather your records, and decide how you will respond before that date.

1. Read what you were handed

Court papers usually include a summons (it tells you who is suing, which court, and how long you have to respond) and a complaint or petition (it lists what the other side says happened and what they want). Note the court name, the case number, and every date printed on the papers.

2. Find your deadline and write it down

The summons normally states how many days you have to respond. In federal court the general time to answer is 21 days after you are served, and state courts differ, often between 20 and 30 days. Do not rely on a general number: use the one on your summons and confirm it with the court clerk. Put the date on your calendar with a reminder days earlier.

Missing the deadline can let the other side ask for a default judgment, which means the court may rule against you without hearing your side.

3. Record how and when you were served

Write down the date, time, place, and who handed you the papers, and keep the envelope or any proof. Rules about how service must be done vary, and it can matter later. Still respond on time while you look into it.

4. Gather what you have

• Every paper you received, in the order you got them
• Contracts, letters, emails, texts, photos, and videos about the dispute
• A short timeline of what happened, with dates
• Names and contact details of people who saw it

5. Understand your general options

People in this situation usually choose among a few paths: file a written answer that responds to each paragraph of the complaint, file a motion if there is a legal reason the case should not go forward, ask the other side or the court for more time, or try to settle. Which one fits depends on your court and facts, so ask the clerk about forms and, if you can, talk to a licensed attorney or a legal aid office.

6. If you cannot afford court fees

Ask the clerk about a fee waiver (also called in forma pauperis). It is a form that asks the court to excuse filing fees if you qualify. The judge decides, and approval is never guaranteed.

Not legal advice. HyperLaw provides legal information and drafting tools. It is not a law firm, is not a lawyer, and does not give legal advice or create an attorney-client relationship. Court rules and deadlines differ by court and state, so always confirm yours with the court clerk and talk with a licensed attorney when you can.