What it means to be sued: and what to do if it happens to you

Getting handed a summons is one of the more stressful things that can happen to a person. Suddenly there's a deadline, an accusation, the threat of consequences, and not much guidance about what to do.

This lesson explains what's actually happening when someone "sues you," what your immediate obligations are, and how to start figuring out what to do next. None of this is legal advice: but it's the basic literacy that helps you make better decisions in your first few days.

What "being sued" actually means

Being sued means someone has filed a complaint against you in court and is asking the court to order you to do something: usually to pay money, sometimes to do or stop doing something specific. The person suing is the plaintiff. You're the defendant.

A lawsuit isn't a verdict against you. It's an accusation. The plaintiff has to prove their claim under the rules of civil procedure. You get to respond, present your side, and defend yourself.

But: and this is critical: you have to actually respond. A lawsuit isn't optional homework. If you ignore it, the plaintiff usually wins automatically through what's called a default judgment.

The papers you got

When you're sued, you typically receive two documents:

The summons: a court-issued document that says you've been sued, identifies the court, and tells you how long you have to respond
The complaint: the plaintiff's written description of what they say you did wrong and what they want from you

Together, these are called the "summons and complaint." The combination is the official notice that gets the case going against you.

Read both. The complaint will be in legal language but it has a basic structure: who's suing whom, what they say happened, what legal claims they're making, and what they're asking the court to do. The summons will tell you the response deadline.

How long you have to respond

Response deadlines vary by court and case type. Common windows:

Federal court (most cases): 21 days from service
State courts: typically 20-30 days, varying by state and case type
Small claims: often shorter (sometimes just a few days)
Eviction cases: often very short (sometimes 5-7 days)

The deadline starts running when you're served: not when you read the papers. If you took the envelope and put it on a counter for two weeks, that doesn't extend the deadline.

If you're not sure of your deadline, look at the summons (it usually states it explicitly) or call the clerk's office of the court where the case was filed. Don't guess.

Why the deadline is so important

If you don't respond by the deadline, the plaintiff can ask the court to enter a default. Once defaulted, you've essentially given up. The plaintiff can then ask for a default [judgment](/insights/glossary/judgment): usually for whatever they sued for: without you ever getting to argue the case.

A default judgment is a real judgment. The plaintiff can use it to garnish your wages, levy your bank accounts, put liens on your property, and damage your credit. Setting aside a default judgment after the fact is sometimes possible but always harder and more expensive than just responding on time.

Bottom line: even if you don't have a lawyer yet, file something before the deadline. A simple answer denying the allegations is enough to avoid default. You can always amend it later.

Your immediate to-do list

Within the first few days of being served:

Read everything carefully. Note the response deadline. Note the court name and case number. Note who's suing you and for what.
Calendar the deadline prominently. Use your phone, paper calendar, sticky note on your monitor: multiple places. Then calendar a reminder for a few days before.
Don't talk to the plaintiff or their lawyer. Anything you say can be used against you. If they call, you can politely say "I'm reviewing the complaint and will respond through proper channels."
Preserve evidence. Don't delete emails, texts, or documents related to the dispute. Don't unfriend people on social media or change account settings. Spoliation: destroying evidence: can get sanctions later.
Decide on representation. Will you hire a lawyer? Use legal aid? Represent yourself (pro se)? Use a limited-scope lawyer for parts of the case? This decision drives everything else.
If you're hiring a lawyer, do it fast. Lawyers need time to evaluate the case and prepare a response. A lawyer who learns about the case three days before the deadline has very few options.

Talking to a lawyer

Even if you can't afford full representation, an initial consultation can give you a much clearer picture. Many lawyers offer free or low-cost initial consultations. Bring:

The summons and complaint
Any contracts or documents related to the dispute
A timeline of what happened (your version)
A list of questions

Be honest with the lawyer about the facts, including the bad facts. [Attorney](/insights/glossary/attorney)-client [privilege](/insights/glossary/privilege) protects what you say in the consultation. The lawyer can't help you if you sugarcoat the situation.

A few questions worth asking:

Do I have any defenses?
What's a realistic best case for me? Worst case?
What would full representation cost? Limited-scope representation?
Are there alternatives to fighting this all the way through (settlement, mediation, etc.)?
What's the deadline I'm working against, and what are the next deadlines after that?

If you can't afford a lawyer

Several options:

Legal aid organizations: provide free representation in some kinds of cases for people who meet income limits. Find your local legal aid through a web search or by calling 211.
Bar association referral services: most state and county bar associations offer reduced-fee initial consultations.
Law school clinics: supervised law students handle some cases for free.
Limited-scope representation: hire a lawyer for specific tasks (drafting your answer, appearing at one hearing) instead of the whole case.
Court self-help centers: most courthouses now have offices that can give procedural information and forms (though not legal advice).
Pro se: represent yourself entirely. Better than not responding, though it has real risks.

Possible responses to a complaint

Your main options for responding to a complaint are:

Answer. A document admitting or denying each allegation, raising any affirmative defenses, and possibly including counterclaims of your own. This is the most common response.
Motion to dismiss. Asking the court to throw out the case for a legal reason: failure to state a claim, lack of jurisdiction, expired [statute](/insights/glossary/statute) of limitations, etc. If denied, you'll have to file an answer next.
Counterclaim. A claim against the plaintiff that you include in your answer. If your dispute has wrongs running both directions, you may have your own claim to assert.

The right choice depends on the case. This is one of the things a lawyer or limited-scope consultation can help with quickly.

What you shouldn't do

Don't ignore it. The deadline runs whether you read the papers or not.
Don't lie or destroy evidence. Both have consequences much worse than the original lawsuit.
Don't represent yourself in a complex case without serious thought. Pro se can work in simple cases. In a $250,000 contract dispute against a represented plaintiff, it usually doesn't.
Don't admit liability without thinking. Even if you think you're at fault, the legal liability and the right damages amount may be different from what you assume.
Don't take advice from people who aren't lawyers. Friends and family mean well but the law is technical, and bad advice can hurt your case.

What if it turns out to be a scam?

Real lawsuits come with real court documents: actual summons forms with court names, case numbers, and clerk seals. Scammers sometimes send fake "lawsuit" letters threatening to sue if you don't pay, with no actual filing.

If you're not sure, look up the court online and check for the case number. Most courts now have public docket searches. If the case doesn't exist, it's not a real lawsuit. (But scammers can also actually file frivolous lawsuits: so a real case number doesn't mean the lawsuit is legitimate, just that it exists.)

This lesson is research and educational information, not legal advice. If you've been served with a lawsuit, talk to a lawyer as quickly as possible. Even if you can't afford full representation, a brief consultation will help you make better decisions in the critical first days.