N
The Daily Insight Hub

How do I respond to a court Summons?

Author

Emma Miller

Updated on January 24, 2026

How do I answer the complaint?

  1. Read the summons and make sure you know the date you must answer by.
  2. Read the complaint carefully.
  3. Write your answer.
  4. Sign and date the answer.
  5. Make copies for the plaintiff and yourself.
  6. Mail a copy to the plaintiff.
  7. File your answer with the court by the date on the summons.

What happens if you don’t answer the door when being served?

If a Defendant Does Not Answer the Door A process server cannot compel a defendant to answer the door. In some cases, people who know a lawsuit has been filed against them will attempt to avoid service. He or she will have to come back on another date if the defendant refuses to open the door.

How do you prove you were not served properly?

If you haven’t already, go down to the court house and get a copy of the proof of service from the records department. Identify the details of the service (where the services allegedly took place, the description of the person served etc.)

What happens after writ of summons?

What to Do If You Receive a Writ of Summons. As the defendant, after receiving a writ, you must then decide if you wish to contest the claim. If you choose not to contest the claim, the plaintiff can apply for a judgment without trial. Subsequent to your appearance, you must then serve your defence on the plaintiff.

How is someone properly served?

In the majority of states, you can serve papers by sending them to the defendant via certified mail with a return receipt requested. In some states, service by certified (or registered) mail is one among several ways you may serve papers. Normally, the court clerk does the mailing for you and charges a small fee.

What is the difference between a writ and a summons?

In legal|lang=en terms the difference between summons and writ. is that summons is (legal) a notice summoning someone to appear in court, as a defendant, juror or witness while writ is (legal) a written order, issued by a court, ordering someone to do (or stop doing) something.

Can a child leave a court summons on the doorstep?

They need to leave it with an adult. They can’t just drop it on the doorstep. Now, you probably should have pursued this at the time, because now it’s going to be more work. But you still have a chance. You need to go to the courthouse, or on-line if available in your county, and get a copy of all the paperwork that’s been filed.

Where can I get a copy of my court summons?

But you still have a chance. You need to go to the courthouse, or on-line if available in your county, and get a copy of all the paperwork that’s been filed. It should include the Proof of Service. You’re going to want to scrutinize that, and plan your next move from there.

Do you have to be home to receive a court summons?

You do not have to be home and you have no way of knowing that it wasn’t mailed. You may be able to say you didn’t receive it but that is not a requirement for service to be good from my reading of the rules. What are you going to say to the judge?