What Happens After You Are Served

Being served with a lawsuit starts a clock. In most civil cases you have a fixed number of days from the date of service to file a written response with the court — not with the other side's lawyer.

The response window

The exact number of days depends on your state and the type of case. Count from the date of service, not the date printed on the complaint.

What a default judgment is

If you do not respond in time, the plaintiff can ask the court to enter a default judgment, which means they win without the court ever hearing your side. Defaults can sometimes be set aside, but it requires a separate motion and a good reason.

First three things to do

• Write down the service date and calculate your deadline.
• Read the complaint carefully and list every allegation you dispute.
• Identify any affirmative defenses — many are permanently waived if not raised in your first response.