What happens if a defendant does not reply?
Asked by: Saul Towne | Last update: February 7, 2026Score: 4.6/5 (66 votes)
If a defendant doesn't reply to a lawsuit within the given timeframe (often 20-30 days), the plaintiff can request a default judgment, meaning the court accepts the plaintiff's claims as true and may award them what they asked for, potentially leading to wage garnishment or bank levies without the defendant's side being heard, though the defendant might later ask the court to "set aside" the judgment under specific circumstances.
What happens if a defendant doesn't respond?
If you have claimed a specified amount you must first wait until the date by which the defendant must reply to the claim has passed. After this date you can ask the court to order the defendant to pay the amount you have claimed. This is known as asking the court to "enter judgment by default".
Can a lawyer get in trouble for not responding?
Attorneys must promptly respond to reasonable client requests, and while some delays may be understandable, long periods of no communication are unprofessional and potentially harmful to your case. Not all failures to respond amount to legal malpractice.
What happens if a defendant does not respond to a complaint?
If you fail to respond within the specified amount of time, you will lose your case and your chance to defend yourself in court. The plaintiff can then file for a Request for Default.
What happens if you just ignore someone suing you?
If you don't respond to a lawsuit, the plaintiff (the person suing you) can get a default judgment, meaning the court accepts their claims as true and can order you to pay or give them what they asked for, with no input from you; this often leads to wage garnishment, bank levies, or property seizure, making it very hard to fight later. It's crucial to file a formal response, like an "Answer," within the deadline (often 20-35 days) to at least notify the court you're defending yourself, even if you can't afford a lawyer.
What Happens When You Don't Respond To a Lawsuit?
Can you go to jail for ignoring a lawsuit?
There are no criminal penalties for failing to respond to a civil lawsuit but it is still a bad idea. Failure to respond will result in a default judgement and you will lose the ability to dispute the claim.
What happens if you sue someone and they don't respond?
What happens to a defendant (a party you've sued) who doesn't answer your lawsuit or show up for court? The short answer is: You can probably ask for a default judgment, meaning a judgment that awards you at least some of the damages you asked for in your complaint.
How long does a defendant have to respond to a claim?
The Practice Direction provides some helpful guidance. If the claim is 'straightforward' you have 14 days to respond. If the claim is 'very complex' you have 3 months to respond. Your response letter should be prepared and sent within this range of time.
What happens if someone sues you and you have nothing?
If someone sues you with nothing, they can still win a judgment, but collecting is hard; you become "judgment-proof" if legally protected assets/income (like minimum wage earnings or Social Security) exist, but creditors can place liens or garnish future wages/bank accounts once you do get money or property, meaning the debt and judgment can follow you for years. Ignoring the suit leads to a default judgment against you, making collection easier for the plaintiff.
What is the 8.500 rule?
(1) A petition for review must be served and filed within 10 days after the Court of Appeal decision is final in that court. For purposes of this rule, the date of finality is not extended if it falls on a day on which the office of the clerk/executive officer is closed.
How long is too long for a lawyer to respond?
While there is no universal standard for response times, most ethical guidelines suggest that attorneys should return client calls or emails within a reasonable time frame, typically 24 to 48 hours. In some cases, urgent matters may require even quicker responses.
How do you handle an unresponsive lawyer?
If your lawyer isn't responding, first try escalating communication with formal letters and contacting the firm, then document everything, and if they remain unresponsive, consider hiring a new lawyer and filing a complaint with your state's bar association for ethical violations. Always request your case file and be prepared to switch representation to protect your legal interests.
What happens if the respondent does not reply?
If a respondent doesn't reply in a legal case, the court can issue a default judgment, meaning the case proceeds without their input, often granting the plaintiff what they requested, leading to enforceable orders for things like custody, support, or property, and potentially waiving the respondent's right to contest the claims or receive future notices. Essentially, the court makes decisions based on one-sided information, and the respondent loses their voice and ability to present their side.
What is the longest a lawsuit can take?
In general, a personal injury lawsuit can take anywhere from a few months to several years. Some cases settle quickly through negotiations, while others may require a trial, adding more time to the process.
What are the consequences of ignoring a court order?
Breaking a court order, known as contempt of court, can lead to serious penalties like fines, jail time, wage garnishment, seizure of assets, or suspension of licenses, with the severity depending on whether the violation was willful (intentional) or not. Courts can also impose mandatory classes, change the underlying order, or make the violator pay the other party's attorney fees, with jail often reserved for repeated or severe offenses.
What happens if there is no response to a letter of claim?
Default judgment may be issued against the recipient
If the defendant ignores both the LBA and the court claim, the court can issue a default judgment, meaning the claimant automatically wins the case. A default judgment may result in: A court order to pay the amount claimed (including interest and legal costs).
What happens if someone sues you and you ignore it?
If you don't respond to a lawsuit, the plaintiff (the person suing you) can get a default judgment, meaning the court accepts their claims as true and can order you to pay or give them what they asked for, with no input from you; this often leads to wage garnishment, bank levies, or property seizure, making it very hard to fight later. It's crucial to file a formal response, like an "Answer," within the deadline (often 20-35 days) to at least notify the court you're defending yourself, even if you can't afford a lawyer.
Can you go to jail for refusing to pay a lawsuit?
No, you generally cannot go to jail just for being unable to pay a civil debt or judgment, as debtor's prisons are unconstitutional; however, you can face jail time for failing to obey other specific court orders within the lawsuit process, like showing up for a hearing, or for certain debts like unpaid child support or criminal restitution. Ignoring the court process or refusing to pay when you have the ability to do so can lead to a judge issuing warrants for your arrest (body attachment) or other collection actions like wage garnishment, but not jail for the debt itself.
Is it worth suing someone for $500?
Suing for $500 can be "worth it" in small claims court, which is designed for smaller disputes and usually doesn't require a lawyer, but you must weigh filing/service fees (can be $20-$200+) and the opportunity cost of your time (prep, court) against the potential recovery; if your costs approach $500, it's often not financially sensible, but it might be worth it for principle or if the other party pays easily, says.
What is the hardest case to win in court?
The hardest cases to win in court often involve high emotional stakes, like crimes against children or sexual assault, where jurors struggle with bias; complex, voluminous evidence, such as white-collar fraud; and defenses that challenge societal norms, like an insanity plea, which faces high scrutiny and conflicting expert testimony. Cases with weak physical evidence, uncooperative witnesses (like in sex crimes), or those involving unpopular defendants (e.g., child abusers) are particularly challenging for defense attorneys.
What happens if someone doesn't reply to a lawsuit?
If you're sued, you can choose to do nothing. This means that you do not file any response by the deadline. The Plaintiff then can ask the judge to decide the case without your input. This is called a default or a default judgment.
What are the 5 rules of negligence?
The five key elements to prove negligence in a personal injury case are Duty, Breach, Causation (Actual/Cause-in-Fact), Proximate Cause (Legal Cause), and Damages, requiring a plaintiff to show the defendant owed a duty of care, failed to meet that standard, and this failure directly and foreseeably led to the plaintiff's actual, compensable injuries.
What happens if someone sues me and I have nothing?
They could claim that they are judgment-proof: This means that they have no money or available assets to settle your judgment claim. Therefore, the judgment-proof person can be exempt from collection before the court's judgment or legal proceedings.
How long should you wait for a lawyer to respond?
You should generally expect a lawyer to respond within 24 to 48 business hours, though this can vary; expect brief updates for delays like court appearances, but more than a week without contact is a red flag, indicating potential issues requiring a formal follow-up or a new attorney. Timeliness shows professionalism, but lawyers juggle many cases, so check if they're in trial or waiting on court/insurance.
Do plaintiffs or defendants win more often?
Across all cases, plaintiffs win slightly more than half the cases.