How to Respond to a Lawsuit: Answer, Motion, or Settlement

9 min • Court Procedures

Being served with a lawsuit is stressful and disorienting, but what you do in the first 20-30 days determines the entire trajectory of your case. When you receive a summons and complaint, you have a limited window — typically 21 days in federal court (Rule 12(a)) or 20-30 days in state court — to respond. If you do nothing, the plaintiff can obtain a default judgment against you: the court grants everything the plaintiff asked for, without ever hearing your side. The first and most important rule: respond. Period.

You have three basic options when responding to a complaint: (1) File an answer — a document where you admit, deny, or state that you lack sufficient information to admit or deny each numbered paragraph in the complaint. You must respond to every paragraph; any allegation you fail to deny is deemed admitted. Your answer should also raise affirmative defenses — legal reasons why the plaintiff should not win even if their facts are true: statute of limitations has expired, the plaintiff lacks standing, the court lacks jurisdiction, comparative negligence, payment or settlement, or failure to state a claim. (2) File a motion under Rule 12(b) (federal) or equivalent state rule — a request to dismiss some or all claims before answering. Common grounds: lack of jurisdiction, improper venue, insufficient service of process, or failure to state a claim (Rule 12(b)(6)). (3) Immediately contact the plaintiff or their attorney and attempt to settle. This doesn't extend your response deadline, so you need to handle both tracks simultaneously.

The strategic calculus: filing a motion to dismiss makes sense when the complaint has a clear legal defect — like the statute of limitations has clearly run, or the complaint fails to allege necessary elements. But motions to dismiss are often denied because courts must accept the complaint's factual allegations as true at this stage. Filing an answer preserves your right to contest the facts and buys time for discovery. Many defendants do both: file a partial answer while moving to dismiss specific claims. Note that filing a motion to dismiss typically extends your time to answer: if the motion is denied, you usually have 14 days to file your answer. Check your local rules.

Before drafting your response, conduct a careful analysis: (1) What is the exact deadline? Count from the date of service, not the date the complaint was filed. Weekends and holidays count, but if the deadline falls on a weekend or holiday, it extends to the next business day. Mark the deadline immediately and aim to file 2-3 days early. (2) What court is this in and what rules apply? Federal Rules of Civil Procedure or your state's rules? Local court rules may impose additional requirements — check them. (3) Do you have defenses? Evaluate the statute of limitations, jurisdictional issues, failure to state a claim, and any factual disputes. (4) Is there insurance coverage? If the lawsuit relates to a car accident, slip-and-fall at your property, or professional services, your insurance company may have a duty to defend you and hire an attorney. Notify your insurer immediately — failure to do so can waive coverage.

Practical guidance for self-represented defendants: (1) Find the court's self-help center — most courts have forms and instructions for filing an answer. (2) Your answer doesn't need to be a masterpiece of legal writing, but it must be filed on time, typed or legibly handwritten, and include the case caption (court name, case number, parties), your response to each paragraph, your affirmative defenses, and a certificate of service (proof you mailed a copy to the plaintiff). (3) Send your answer to the plaintiff's attorney (or the plaintiff directly if they're self-represented) by mail the same day you file it with the court. (4) If you're considering settlement, put any agreement in writing and file a stipulation of dismissal with the court — don't just take the plaintiff's word that the case is 'dropped.' (5) If the case is for a significant amount, involves complex legal issues, or you feel overwhelmed, consult an attorney even if it's just for a limited-scope consultation to review your answer before you file it.

Key Takeaways

• You have 20-30 days to respond after service — doing nothing results in a default judgment against you
• Three options: file an answer (admit/deny each paragraph + affirmative defenses), motion to dismiss, or settle
• A motion to dismiss extends your answer deadline if denied; it's appropriate when the complaint has clear legal defects
• Notify your insurance company immediately — they may have a duty to defend and hire an attorney for you
• Use court self-help centers for forms; file on time; always send a copy to the other side; get settlements in writing

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