Getting sued can feel overwhelming, especially if it’s your first time navigating the legal system. Whether it’s a personal dispute, unpaid debt, or a business matter, receiving a lawsuit summons is serious. But with the right approach, knowledge, and preparation, you can protect your rights and respond effectively. This guide walks you through what happens when you’re sued, what steps to take, and how the legal process works in the U.S. in 2025.
Step 1: Don’t Ignore the Summons
If you receive a summons and complaint, do not ignore it. These documents notify you that someone is suing you and explain the nature of the lawsuit. You have a limited amount of time to respond — usually 20 to 30 days, depending on your state.
- Summons: A legal notice to appear in court or respond in writing.
- Complaint: A written statement explaining the plaintiff’s (the person suing you) claims.
Failing to respond can result in a default judgment, meaning the court may rule against you without hearing your side.
Step 2: Read the Lawsuit Carefully
Review the complaint line-by-line. Look for:
- Who is suing you and why
- Which court is handling the case
- The specific claims being made (e.g., breach of contract, negligence, etc.)
- The amount of money or action being sought
Make notes on anything you don’t understand and gather related documents (emails, contracts, receipts).
Step 3: Check the Deadline to Respond
Deadlines are critical. Missing a filing deadline could cost you the case. Each jurisdiction has specific rules, but the response time is generally:
- 20 days for most civil suits in federal court
- 30 days in some state courts
Use this time wisely to research or consult with a lawyer. The clock starts the day you’re served.
Step 4: Consider Hiring an Attorney
Even if you plan to represent yourself, it’s wise to consult with a lawyer, especially if:
- The claim is for a large amount of money
- The legal issues are complex
- You are unfamiliar with court procedures
Many lawyers offer free consultations or flat-fee services. Legal aid organizations may help if you have low income.
Step 5: Decide How to Respond
Your response to the complaint is called an Answer. You must file it with the court and send a copy to the plaintiff. In your answer:
- Admit or deny each allegation
- Raise defenses (e.g., statute of limitations, mistaken identity)
- Include counterclaims, if applicable
Alternatively, you may file a motion to dismiss if there’s a legal reason the case shouldn’t proceed.
Step 6: File the Answer With the Court
Prepare your response carefully. You’ll usually need:
- An original signed copy of your answer
- Copies for the court and plaintiff
- A Certificate of Service showing you mailed or delivered it properly
File your answer at the courthouse or online if e-filing is available. Be sure to pay any required filing fees or request a fee waiver.
Step 7: Start Preparing Your Case
Once you’ve responded, the discovery phase begins. This is when both sides gather evidence. You may need to:
- Answer interrogatories (written questions)
- Submit documents
- Sit for a deposition (testimony under oath)
Stay organized. Keep all communication, documents, and notes in one place.
Step 8: Consider Settlement Options
Not all cases go to trial. Many are resolved through:
- Mediation: A neutral third party helps both sides reach an agreement
- Settlement: You negotiate directly with the other party to resolve the matter
- Arbitration: A private hearing that can result in a binding decision
Settlement can save time, money, and stress.
Step 9: Prepare for Court (If Necessary)
If your case proceeds, prepare thoroughly:
- Organize your documents and evidence
- Practice your testimony
- Understand court procedures and rules
Dress respectfully and be on time. The judge’s impression of you matters.
Step 10: Understand the Judgment and Next Steps
At the end of the case, the court will issue a judgment. If you win, the plaintiff may appeal. If you lose:
- You may have to pay money, comply with court orders, or take other actions
- A judgment can affect your credit, bank accounts, or property
- You may be able to set up a payment plan or appeal the decision
Stay informed and seek help if needed.
Key Legal Terms Explained
- Plaintiff: The person or entity who files the lawsuit
- Defendant: The person being sued
- Answer: Your official response to the complaint
- Default Judgment: A ruling against you if you fail to respond
- Discovery: The evidence-gathering stage
- Deposition: An interview under oath
- Mediation: A non-binding resolution with a neutral party
- Appeal: A legal request to review the court’s decision
FAQ: What to Do If You Get Sued
1. What happens if I ignore a lawsuit?
The court may issue a default judgment against you, meaning you automatically lose the case.
2. Can I represent myself in court?
Yes, it’s called pro se representation. However, it’s often risky in complex cases.
3. Do I need to respond in writing even if the lawsuit is wrong?
Yes. Failing to respond is seen as agreeing with the plaintiff’s claims.
4. How can I get more time to respond?
You may file a motion for extension of time, but it’s up to the court to approve it.
5. What is a motion to dismiss?
It’s a request to throw out the case based on legal flaws, like lack of jurisdiction or a defective complaint.
6. Can I negotiate a settlement without a lawyer?
Yes, but be careful. Get any agreement in writing and understand the legal consequences.
7. Will this affect my credit?
A judgment against you may appear on your credit report and impact your finances.
8. What if I can’t afford to pay the judgment?
You may negotiate a payment plan or file for bankruptcy, depending on your situation.
9. Can I countersue the person suing me?
Yes, if you have valid legal claims related to the case, you can file counterclaims.
10. Where can I get legal help if I can’t afford it?
Legal aid organizations, state bar associations, and law school clinics often offer free or low-cost assistance.
Facing a lawsuit is stressful, but understanding your rights and responsibilities can make a big difference. Acting quickly, staying organized, and seeking help when needed will put you in the best position to protect your interests.