What to Do If Someone Sues You (Step by Step)
If someone sues you, do not ignore it. Read the papers to find your deadline. In most states you get 14 to 30 days to act. Then pick one of four moves: fight it, settle it, countersue, or do nothing. Do nothing and the court can enter a default judgment against you. After that, the person suing you can garnish your wages or pull money straight from your bank account. Every other choice beats that one.
Here's the good news. Getting sued is not the same as losing. Courts make people prove their case. You get to tell your side. And most cases settle before anyone stands in front of a judge.
This guide walks you through what to do, in order, starting the day the papers land in your hands.
First, figure out what you actually got
Not every scary legal paper is a lawsuit. People mix these up all the time, and the mix-up causes bad decisions in both directions.
A summons is a court order telling you that you've been sued and how long you have to respond. A complaint comes with it. The complaint lists what the plaintiff says you did and how much money they want. If you got these two documents, you are being sued for real.
A demand letter is different. It's a letter asking you to pay before any lawsuit gets filed. No court is involved yet. If that's what you're holding, you have more room to negotiate. We wrote a whole page on what to do when you get a demand letter.
One more thing to check: how the papers reached you. In most states, a lawsuit has to be handed to you in person or left with an adult at your home. Some states allow certified mail. The rules are strict, and plaintiffs mess them up a lot. Our guide on how court papers get served explains what counts and what doesn't.
Your deadline is the whole ballgame
The summons tells you two things that matter more than anything else: what court you're in, and how long you have to respond. Read it twice. Put the deadline in your phone with three alarms.
Deadlines change by state and by court type. Here's what the clock looks like in a few big states:
| State | Small claims response | Regular civil response |
|---|---|---|
| California | No written answer needed. Show up on the hearing date listed on the SC-100 form. | Written answer within 30 days |
| Texas | Written answer by the end of day 14 after you're served (justice court) | Answer by Monday after 20 days |
| Florida | Show up at the pretrial conference date on your summons | Written answer within 20 days |
| New York | No written answer in most city courts. Show up on the hearing date. | 20 or 30 days depending on how you were served |
| Arizona | Written answer within 20 days (justice court) | Written answer within 20 days |
| Michigan | Show up on the hearing date | 21 days if served in person, 28 by mail |
| Illinois | Appear on the return date listed on the summons | Written appearance within 30 days |
| Colorado | Show up on the trial date | 21 days in district court, 14 in county court |
Notice the pattern. In small claims court, many states don't want a written answer at all. They just want you there on the date. In regular civil court, you almost always have to file a written response first.
Your summons beats anything in this table. Courts change rules, and some counties do things their own way. The date and instructions on your paperwork are the truth.
Your four options when someone sues you
Every person who gets sued has the same four choices. Here they are, ranked from most common to worst.
| Option | What it means | Best when |
|---|---|---|
| Settle | You work out a deal and the case gets dropped | You owe some or all of it, or fighting costs more than paying |
| Fight it | You respond, show up, and make them prove it | You don't owe it, or the amount is wrong |
| Countersue | You file your own claim back against them in the same case | They owe you money too |
| Do nothing | Default judgment. You lose automatically. | Never. There is no good version of this. |
That third option surprises people. If the person suing you also owes you money or caused you harm, you can file a counterclaim in the same case. In many states you have to raise it now or lose it forever. Our guide on how to countersue covers the forms, fees, and deadlines.
How to respond, step by step
Take these in order. None of them require a law degree.
- Read everything and calendar the deadline. Court name, case number, response date, hearing date. Write them all down before you do anything else.
- Figure out which court you're in. Small claims cases are simpler, faster, and often don't allow lawyers at the hearing. Regular civil court has more paperwork and stricter rules. The summons says which one you're in.
- File your answer, or plan to show up. If your state wants a written answer, the court's website usually has a fill-in-the-blank form. Deny anything that isn't true. If your state just wants you at the hearing, your job is to prepare, not to file.
- Gather your proof. Texts, emails, receipts, photos, payment records, contracts. Print three copies of everything: one for you, one for the judge, one for the other side. Not sure your proof is good enough? Neither side needs perfect evidence. Here's what counts as evidence in these cases.
- Show up. Always. Even if you think the case is garbage. Even if you talked to the plaintiff and they said they'd drop it. If the case is still on the docket and you're not there, you can lose by default.
Want to know what the hearing itself feels like? Read our walkthrough of what happens in small claims court. Short version: it's a conversation with a judge, not a courtroom drama.
Defenses that actually win cases
Some defenses come up over and over, and they work. Check every one of these against your situation.
You were never properly served. If the papers were taped to your door or stuffed in your mailbox in a state that requires personal delivery, the case can stall or get dismissed. Courts take service rules seriously.
The deadline to sue already passed. Every type of claim has a time limit, called the statute of limitations. Unpaid debts, broken contracts, property damage: each has its own clock, usually two to six years. If the plaintiff waited too long, say so. Check your state in our statute of limitations guide.
They sued the wrong person. Wrong name, wrong business entity, or a debt that belongs to someone else. This happens more than you'd think, especially with old debts that got sold around.
You already paid. Bank records and payment app screenshots end these cases fast.
The amount is wrong. Maybe you owe something, but not what they claim. That's a partial defense, and judges split awards all the time. Bring your own math.
Can you settle after being sued? Yes, and most people do
A lawsuit is not a point of no return. You can settle at any time before the judge rules. The courthouse hallway five minutes before the hearing is a famous spot for it.
Call or write the plaintiff. Be calm and specific: what you can pay, when, and what you want in return. What you want in return is always the same thing: they file a dismissal with the court.
Two rules protect you here. First, get every deal in writing before you pay a dime. Second, confirm the dismissal actually gets filed. A verbal deal plus a missed hearing equals a default judgment against you, and that's a brutal way to learn this lesson.
Settling isn't losing. It's what most smart people do when the numbers make sense. The plaintiff usually wants to avoid the hearing as much as you do.
What happens if you do nothing
Here's the part that should scare you a little.
A default judgment is a court ruling entered against you because you didn't respond or show up. The judge never hears your side. The plaintiff usually gets everything they asked for, plus court costs and interest.
Once they have a judgment, they can collect. Depending on your state, that means garnishing your paycheck, freezing and pulling from your bank account, or putting a lien on your property. Judgments also show up in background checks and can follow you for a decade or more, renewable in many states. We cover the collection side in what happens when a judgment hits someone with no money.
Already missed your deadline? Move fast. Most states let you ask the court to undo a default judgment if you act quickly and have a decent reason: you were never served, you were in the hospital, you never got notice. In California small claims, for example, you file form SC-135 within 30 days of the notice being mailed. The longer you wait, the harder the court squints at your excuse.
Common mistakes that make it worse
People lose winnable cases with unforced errors. Skip these.
- Ignoring it and hoping it goes away. It never does. It grows.
- Firing off angry texts to the plaintiff. Everything you write can show up as evidence at the hearing. Stay boring in writing.
- Treating a demand letter like a lawsuit, or a lawsuit like a demand letter. One has a court deadline. One doesn't. Know which one you're holding.
- Settling verbally and skipping the hearing. No written deal plus no dismissal filed means you can lose by default while thinking you were done.
- Posting about the case online. The plaintiff can screenshot it. Vent to a friend instead.
FAQ: being sued and what to do about it
What happens if you ignore a lawsuit?
The court enters a default judgment against you, which means you lose automatically. The plaintiff can then garnish your wages, take money from your bank account, or put a lien on your property. Responding, even badly, beats not responding at all.
How long do you have to respond to a lawsuit?
Usually 14 to 30 days from the day you were served, but it varies by state and court. Small claims courts in many states skip the written response and just require you to show up on the hearing date. Your summons lists your exact deadline.
Do I need a lawyer if I'm sued in small claims court?
No. Small claims court is built for people without lawyers, and some states, like California, don't even allow lawyers at the hearing. For bigger civil cases, talking to a lawyer is worth it, and many offer free first consultations.
Can I settle after being sued?
Yes, at any point before the judge rules. Most cases settle before the hearing. Get the deal in writing and make sure the plaintiff files a dismissal with the court.
What if I was never properly served?
Improper service can pause or kill a case. Most states require the papers to be handed to you or left with an adult in your home, and mailbox drops usually don't count. Raise it at the start of your response or hearing, not after you lose.
Can I countersue the person suing me?
Yes. If they owe you money or caused you harm in the same dispute, you can file a counterclaim in the same case. In many states, related claims must be raised now or they're gone for good.
What happens if I lose the case?
The court enters a judgment for a specific amount. You can pay it, work out a payment plan, or in some states appeal within a short window. If you don't pay, the plaintiff can use garnishment and bank levies to collect.
I already missed my deadline. Is it too late?
Maybe not. Most states let you file a motion to vacate a default judgment if you act fast and have a real reason, like never being served. Every week you wait makes it harder, so file now.
If you're on the other side of this
Maybe you're reading this because someone owes you money and you're wondering what suing them actually triggers. Now you know: a deadline, a scramble, and a strong pull toward settling. That pressure is exactly why about 70% of the disputes we handle end without anyone setting foot in a courtroom.
PettyLawsuit sends a demand notice instantly, follows up with calls and emails, and preps a court filing if they still won't budge. 2,500+ cases and counting. Don't let it slide.