What happens if a defendant doesn't respond?
Asked by: Dolly Glover MD | Last update: February 4, 2026Score: 4.7/5 (73 votes)
If a defendant doesn't respond to a lawsuit, the plaintiff can ask the court for a default judgment, meaning the case is decided in the plaintiff's favor without the defendant presenting their side, often resulting in the defendant owing money, plus potential wage garnishment or bank levies. In criminal cases, it can lead to a bench warrant, fines, or contempt of court charges. Ignoring a summons effectively forfeits the right to defend yourself.
What happens if a defendant does not reply?
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".
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 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.
FAQ-What Happens when They Don’t Answer the Complaint?
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.
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.
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 you get sued but own 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.
How much does it usually cost to sue?
Average lawsuit costs vary dramatically, from around $1,000-$5,000 for small claims to tens or even hundreds of thousands for complex civil cases, with median costs for typical matters like auto or employment disputes ranging from $43,000 to over $122,000, depending heavily on complexity, case type, attorney fees (often hourly or contingency), and expert witness involvement.
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.
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.
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 happens if a defendant ignores a summons?
Failing to respond to a civil summons paves the way for the other party—the plaintiff—to request a default judgment. Essentially, this means that the court awards the plaintiff everything they asked for in their complaint simply because you didn't show up or file a response to dispute it.
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 have no money?
If you're sued with no money, the plaintiff (person suing) can still get a judgment, but collecting is hard; you might be declared "judgment proof" (unable to pay), meaning they can't take basic necessities, but they can place liens on future property or collect if your financial situation improves, potentially using wage garnishment or bank levies, though you can claim exemptions for essentials. Key steps are responding to the suit (or risk default), seeking free legal aid, exploring payment plans, and understanding you're exempt from some collection efforts like basic needs seizure.
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 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.
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.
What happens if someone doesn't respond to a claim?
If the defendant does not reply to your claim, you can ask the court to enter judgment 'by default' (that is, make an order that the defendant pay you the amount you have claimed because no reply has been received). You should do this as soon as possible after the 14 days have passed.
What do I do if my lawyer won't respond to me?
If your lawyer is not responding to your calls, you should escalate the communication. Consider asking them for your file, send them a certified letter describing your issue or what you need from them. Request an in-person meeting so that you can get direct answers regarding your claim.
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 a claim is taking too long?
If a claim takes too long, it can weaken your case as evidence fades and witnesses forget details, potentially leading to dismissal or lower settlements, but you can push back by requesting written explanations, filing complaints with state insurance departments, documenting everything, and consulting an attorney to take legal action against the insurer for bad faith practices.
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.