Court Summons

Contact the clerk's office of the court where the lawsuit was filed. You'll find a phone number and address for the clerk's office on your summons. The clerk will be able to tell you exactly what documents you should file with your answer and whether any filing fee is required.

In most instances, there are three responses you can provide to each allegation the Complaint: Admit the allegation; Deny the allegation; and. Deny the allegation based on an insufficient amount of information.

When served with a complaint, a person can either: (1) file a motion to dismiss under the relevant federal or state court rules; or (2) draft an answer.

Provide the name of the court at the top of the Answer. You can find the information on the summons. List the name of the plaintiff on the left side. Write the case number on the right side of the Answer. Address the Judge and discuss your side of the case. Ask the judge to dismiss the case.

Generally, you have 30 days AFTER the date you are served to file a response with the court. The 30 days include weekend days and court holidays. If the last day falls on a day that the court is closed, you have until the next day that the court is open.

What happens if the defendant does not respond to the complaint? Failure to serve an answer in a timely manner will result in a default judgment in favor of the plaintiff. Stated differently, the defendant will automatically lose as a result of his inaction.

Failure to Respond: If a defendant fails to answer the complaint or file a motion to dismiss within the time limit set forth in the summons, the defendant is in default. The plaintiff can ask the court clerk to make a note of that fact in the file, a procedure called entry of default.

Read the summons and make sure you know the date you must answer by. Read the complaint carefully. Write your answer. Sign and date the answer. Make copies for the plaintiff and yourself. Mail a copy to the plaintiff. File your answer with the court by the date on the summons.

Although it might be tempting to ignore a summons and complaint, ignoring a lawsuit does not make it go away. And it could result in the court awarding a money judgment against you by default. That can lead to your wages being garnished, your bank accounts attached, or your property being taken!