How long after a lawsuit is filed must the defendant be served?

How long do I have to serve a defendant? Your summons and complaint must be served within 120 days after you file the complaint.

What happens when a defendant fails to answer a civil lawsuit?

Failure to Respond: If a defendant fails to answer the complaint or file a motion to dismiss within the time limit set forth in the summons, the defendant is in default. The plaintiff can ask the court clerk to make a note of that fact in the file, a procedure called entry of default.

How do you know if someone is suing you?

Contact Your County Clerk’s Office Your County Clerk’s office should be the first place you stop if you believe you are being sued.

How do companies serve lawsuits?

Service via certified mail is probably your best bet if the business doesn’t have a local office, store, or other physical location and if your state allows this type of service. To serve a business via certified mail, ask the court clerk to send the court papers to the proper person and address and pay the small fee.

Where do I file an answer to a civil court summons?

Take your answer to the clerk’s office. You must file your answer with the clerk of the same court in which the plaintiff filed the lawsuit against you. If you’ve already served the plaintiff with a copy of your answer, you can attach your certificate of service to your answer when you file it with the clerk.

Do you have to answer a civil summons for credit card debt?

If you settle the debt out of court, the creditors and their lawyers can withdraw the case. You can avoid the hassle of filing an answer formally with the court. If trying to reach a settlement does not work out or you decide you prefer to go to court, you must file an answer to the served summons.

What does a court summons mean in a civil case?

A court summons is the signal that a complaint or a petition has been filed against you in court. It can be the commencement of a civil lawsuit or a criminal lawsuit. In a civil lawsuit, the court summons will be sent to you by the plaintiff who is a person or entity claiming something from you like damages or a sum of money.

What happens if you don’t respond to a civil court summons?

If you don’t file a written response to the lawsuit, the judge will assume that you agree with everything the plaintiff stated in the complaint. The time limit may be different depending on the type of case filed. Make sure you read your summons carefully, as it will tell you how long you have to respond.