Served With a Lawsuit? What Happens Next in Federal Court

Being served with a lawsuit is stressful, but the first steps follow clear rules. This article walks through what the papers mean, how much time you usually have, and what happens if nobody responds. It covers federal court; state courts have their own rules.

What it means to be served with a lawsuit

A civil case starts when the plaintiff files a complaint. Next, the plaintiff must deliver the summons and a copy of the complaint to each defendant. That delivery is called service of process, and Rule 4 of the Federal Rules of Civil Procedure controls it.

The summons tells you which court the case is in and how long you have to respond. The complaint tells you what the plaintiff claims. So read both documents closely, and keep the envelope and the date you received them.

The deadline to answer

In federal court, a defendant generally must serve an answer within 21 days after being served with the summons and complaint. Rule 12(a)(1)(A) sets that deadline. In the answer, you admit or deny each allegation and state your defenses.

Instead of answering right away, a defendant may file certain motions first. For example, a motion to dismiss for failure to state a claim argues that the complaint does not state a claim even if its facts are true. However, those motions have their own timing rules, so read Rule 12 carefully.

If you were asked to waive service

Sometimes the plaintiff mails a request to waive service instead of having papers delivered. If you return the waiver on time, you get more time to answer. Under Rule 4(d)(3), the answer is then due 60 days after the request was sent, or 90 days if it was sent outside any judicial district of the United States.

What happens if you do not respond

Missing the deadline can be costly. When a party fails to plead or otherwise defend, the clerk must enter that party’s default. After that, the clerk or the court may enter a default judgment. Rule 55 describes both steps.

Even then, there is a path back. The court may set aside an entry of default for good cause, and it may set aside a final default judgment under Rule 60(b). Our page on the motion to set aside a default explains the rule. Still, it is far better to respond on time.

Your first steps after being served

First, write down the date you were served and work out the deadline. Next, read the complaint and list every claim it makes. Then check the court’s local rules, because they often add requirements. After that, talk to a licensed attorney as soon as you can. You can search our directory for one.

Finally, remember that state courts follow their own rules. The deadline to answer a state-court lawsuit may differ from the federal one. Our state procedures guide links to each state’s official rules, and the federal judiciary publishes the current federal rules.