What to do after receiving a summons?
Asked by: Gladyce Monahan | Last update: October 18, 2025Score: 4.4/5 (60 votes)
Once a summons and complaint or summons with notice have been served, a defendant must respond in writing within a limited period of time. The response is sent to the plaintiff's attorney or directly to the plaintiff, if the plaintiff is appearing is self represented.
What should I do when I receive a summons?
Generally, whenever you receive a summons you would need to respond to the complaint within the time frame provided by your specific state. You can generally either file the response yourself or you can contact an attorney licensed in the state the case is in to help you with the response.
How do you settle a debt after being summoned?
- Utilize the services offered by a debt relief company.
- Negotiate a payment plan or settlement directly with the card issuer.
- Hire an attorney who's skilled in credit card issues and debt settlement.
- File for bankruptcy.
What happens when you get summoned?
A summons is an invitation to come to court. In some cases, the court will schedule a call or a video call for the first appearance instead. In other cases, the court will ask that you file an appearance or an answer. Your summons should say so.
What comes after the summons?
After receiving a summons, you have limited time to respond. You and your lawyer will review the complaint and respond to its allegations. Then, your lawyer will file your written response, including any counterclaims, with the court.
I've Been Served with a Summons - What Do I Do?
What are the rules for summons?
A summons must: (A) name the court and the parties; (B) be directed to the defendant; (C) state the name and address of the plaintiff's attorney or—if unrepresented—of the plaintiff; (D) state the time within which the defendant must appear and defend; (E) notify the defendant that a failure to appear and defend will ...
What happens after you file a response to a summons?
After the defendant has filed an answer or a motion to dismiss the complaint, the judge holds a pretrial conference, sometimes referred to as a case management conference. A schedule for discovery is generally set at this conference, and a trial date is sometimes also scheduled.
Can you go to jail after a summons?
If you don't go to court and you don't show up for the summons, the Judge is going to issue a bench warrant for you. If there's a bench warrant issued for you, you'll get arrested when you're picked up on that warrant.
What to do when you have been summoned?
You should go to court if you get a summons - you can be arrested and taken to the court by the police if you don't. You might get a summons from the court if: they haven't been able to contact you with a witness warning. they think you might not come on the day.
Can you ignore a summons?
Through process serving in California, you'll be notified if you're required to appear in court as a witness. Once you've been properly served, the clock begins ticking, and your next steps become crucial. Appearing in court when summoned as a witness is not just important—it's a legal requirement.
What happens if you ignore a debt summons?
In California, you must respond to the summons within 30 days. Failing to meet this deadline could result in a default judgment against you, which could lead to wage garnishment or other legal consequences.
Is it better to settle a debt or go to court?
Settling a debt before a lawsuit is usually the least expensive way to resolve a debt - for you and the debt collector - since they don't have to spend money on court costs or efforts to collect the debt.
What happens if someone sues you and you have no money?
The plaintiff might attempt wage garnishment or bank account levies. Some defendants might be considered “judgment proof” if they have no assets. Possible Outcomes and Future Collection: Judgments remain active for several years and could be renewed.
What to do when someone summons you?
At this stage, you should contact an attorney to seek legal assistance and advice regarding the claim against you. A Plea will need to be drafted and the rules of court are very specific as to what should be contained therein. Hence it would be advisable to talk to an attorney about the way forward.
How to get a debt lawsuit dismissed online?
- Step 1: Read your summons and complaint. ...
- Step 2: Validate the debt. ...
- Step 3: Seek legal advice. ...
- Step 4: Respond to the lawsuit (file your answer) ...
- Step 5: Build a strong defense (challenge the lawsuit) ...
- Step 6: Attend court hearings.
Should I avoid a summons?
It is true that if the plaintiff never serves you, the case will be dismissed. This doesn't mean that it's a good idea to dodge service of process. In fact, it's usually a tremendously bad idea to do so.
How do you get out of a summon?
Accept a Settlement or Cure a Violation to Avoid a Hearing
Some enforcement agencies may offer you a settlement or give you an opportunity to cure a violation by a certain date to avoid a hearing.
What does it mean when a cop gives you a summons?
A summons is just a letter sent by the court asking you to come to court to handle your case. It does not require you to do anything except go to court. If you don't show up to court, the judge may issue an arrest warrant for your failure to appear.
How bad is a summons?
Even if it seems like just a traffic ticket, a summons can have serious legal repercussions. If you've received a ticket or summons, always consult a criminal defense lawyer to understand your options. An experienced attorney can help reduce the charges or, in some cases, even get the case dismissed.
How long can a summons last?
You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copy served on the plaintiff. A letter or phone call will not protect you.
What happens if you don't get served a summons?
In some situations where the process server truly failed to serve you the court papers properly, the court cannot pass a judgment against you because it has no personal jurisdiction over you. Thus, they will postpone the case to another court date where the process server will attempt to serve you again.
Do I need a lawyer to respond to a summons?
While it's possible to answer a summons without an attorney, hiring an attorney to represent you is almost always a better choice.
How to beat a warrant in debt?
You have a few alternatives: pay off the debt in full before your court date, attempt to come to a settlement agreement with your creditor, or file an Answer and fight the case.
What happens when someone doesn't respond to a summons?
If they didn't file any response
If the defendant didn't file a response by the deadline, the next day you can ask the court to end their chance to respond and to rule in your favor. This is called asking for entry of a default.