You've been sued. Now what?
The clock is the first thing that matters: in federal court you generally have 21 days from service to respond (FRCP 12); state deadlines commonly run 20 to 30 days. Your realistic options are answering the complaint, moving to dismiss, or negotiating — ignoring it is not an option, because default judgment means losing automatically, often for the full amount.
All guides →The response clock starts at service — when you were formally handed or delivered the summons and complaint — not when the case was filed. Federal court: 21 days (60 if you waived service as a U.S. defendant under Rule 12). State courts: commonly 20–30 days, but check the summons itself; it usually states the deadline. If the last day lands on a weekend or holiday, most systems roll it to the next court day, and mail service often adds days.
Extensions are routinely granted for the asking — but only if you ask before the deadline, not after.
Answer. Respond to each allegation (admit, deny, or state you lack knowledge), raise your affirmative defenses — the ones you skip can be waived — and assert any counterclaims you have against the plaintiff.
Move to dismiss. Attack the complaint before answering: no jurisdiction, wrong court, or the big one — failure to state a claim (Rule 12(b)(6)). Some defenses are waived if not raised in your first response, which is why the first filing is a strategic decision, not paperwork.
Negotiate. Being served does not end settlement — it often starts it. But negotiate with the clock running and a response ready; asking for more time to talk is normal, silence is fatal.
Court Deadline Calculator
Pick the deadline type, enter the date you were served, and get the real due date — FRCP day counting, the mail rule, and weekend/holiday rollover handled.
Compute your version →Default judgment: the court accepts the complaint's allegations as true and can enter judgment for what was demanded — then come wage garnishment, bank levies, and liens, depending on your state. Setting aside a default is possible but uphill and expensive; not defaulting is nearly free by comparison. Even a case you think is nonsense must be answered, precisely so a court never treats the nonsense as admitted.
Calendar the deadline (twice). Preserve everything related to the dispute — emails, texts, documents; destruction after notice of a claim can be sanctioned. Check every insurance policy for a duty to defend; tenders have their own deadlines and a covered claim means the insurer pays for the lawyers. Say nothing to the plaintiff in writing you would not want a judge to read. Then decide — with counsel if the stakes justify it — which first filing serves the strategy: answer, motion, or a negotiated extension while you talk.
Court Deadline Calculator
Pick the deadline type, enter the date you were served, and get the real due date — FRCP day counting, the mail rule, and weekend/holiday rollover handled.
Compute your version →- How many days do I have to respond to a lawsuit?
- Federal court: generally 21 days from service (60 after a waiver of service). State courts: commonly 20–30 days — the summons usually states it. Weekend/holiday rollover and mail-service additions can move the exact date, so compute it, don't estimate it.
- Do I need a lawyer to respond?
- Individuals may represent themselves; corporations generally cannot. Even one consultation before your first filing is disproportionately valuable, because waivable defenses make the first response the most strategic document in the case.
- What if I was never properly served?
- Improper service can be a defense — but raise it carefully and early, usually in your first filing, or it is waived. Ignoring the case because you think service was bad is how people learn about default judgments.
- Can I countersue?
- Yes — counterclaims are typically filed with your answer. Some (compulsory counterclaims arising from the same events) may be lost forever if you don't raise them now.
- The complaint is completely false. Do I still have to respond?
- Absolutely — that is exactly the case to answer, because default converts false allegations into a judgment. Denials put the plaintiff to their proof.
This guide is general legal information, not legal advice, and creates no attorney–client relationship. Rules and timelines vary by court and state — verify anything that matters with counsel and your court's local rules.
Reading about lawsuits is the average. Yours is specific.
Juricratic models your whole matter as a solvable game — every motion, every deadline, every settlement posture — and shows how the picture moves when the assumptions do.
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