What to do after you've been served?
Asked by: Christy Weimann | Last update: February 7, 2026Score: 4.5/5 (12 votes)
After being served legal papers, stay calm, carefully read all documents to find deadlines, and contact a civil litigation attorney immediately to understand your options, preserve evidence (don't delete anything!), and prepare a formal response like filing an "Answer" to avoid a default judgment. Ignoring the papers means losing your right to defend yourself, so prompt action is crucial, even if you plan to settle.
What should I do after being served?
The First 9 Things To Do When You've Been Served
- Relax. ...
- Decide if you're going to fight, default, or seek an immediate settlement. ...
- Get ready for battle if you decide to fight, even if you're fighting for a settlement. ...
- Get more time. ...
- Review the complaint line by line to understand the claim(s) against you.
What to do if you got served?
The first thing to do when you've been served is to take a deep breath. The paperwork typically includes: A Summons: This notifies you that you're being sued and outlines how much time you have to respond—usually 30 days or 60 days if you're incarcerated.
Do I have to go to court if I receive a summons?
Yes, if you are summoned to court, you must respond or appear as instructed because it's a formal legal order, not a suggestion; ignoring it can lead to serious consequences like a default judgment, fines, or even a bench warrant for your arrest, so always read the summons carefully and seek legal advice if unsure.
What to do after getting a summons?
Joginder Singh Rohilla
- Carefully read the contents of the summons. ...
- Note the date and time of appearance. ...
- Consult a lawyer immediately. ...
- Gather all relevant documents. ...
- Prepare and file your written statement. ...
- Appear before the court on the given date. ...
- Apply for exemption if you cannot appear personally.
I've Been Served with a Summons - What Do I Do?
What happens if I ignore a summons?
It is not an order, so you do not have to do what it says. But, if you ignore a summons, you will likely lose the case against you. The court will usually decide the lawsuit in favor of the person suing you. The court could decide that you have to pay money or that you must stop doing something.
What are the 7 stages of a case?
The 7 stages of a criminal trial generally include Jury Selection, Opening Statements, Prosecution's Case (witnesses/evidence), Defense's Case, followed by Closing Arguments, Jury Instructions, and finally, the Verdict and potential Sentencing, though pre-trial phases like investigation, arraignment, and discovery also precede these. These steps guide the presentation of evidence and arguments, culminating in a decision by the jury or judge.
Will I go to jail for a summons?
A person who ignores a criminal summons may face significant consequences. First, the court that issued the summons may issue a bench warrant. A bench warrant authorizes law enforcement to arrest you anytime to bring you before the court to resolve your criminal charges.
Are summons permanent or temporary?
When initially summoning a summon, you may see the old lifetime duration on its portrait counting down. Despite this, it is permanent, and will remain when the countdown goes away. Summoning creatures after this should no longer show lifetime durations.
What happens if you get served and don't go to court?
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 happens if I ignore a server?
If you ignore a process server, the lawsuit doesn't disappear; instead, it often leads to a default judgment where the plaintiff wins automatically, potentially resulting in wage garnishment or bank levies, as you forfeit your right to defend yourself. The court can then use alternative service methods, like publishing notice in a newspaper or serving a relative, and your evasion may even lead to added costs or contempt of court charges.
How to stop being served?
Common methods to avoid being served
- Not answering the door.
- Lying about their identity.
- Hiding in the closet until the process server leaves.
- Staying at a family member or friend's home.
Do I have to go to court if I have been summoned?
Yes, if you are summoned to court, you must respond or appear as instructed because it's a formal legal order, not a suggestion; ignoring it can lead to serious consequences like a default judgment, fines, or even a bench warrant for your arrest, so always read the summons carefully and seek legal advice if unsure.
Can I run from being served?
Even if an individual does manage to completely avoid being served, the judge will eventually allow for alternative methods of service, or conclude that the due diligence for notification has been fulfilled and allow the proceedings to continue.
What happens if you don't respond to a server?
If you ignore a process server, the lawsuit doesn't disappear; instead, it often leads to a default judgment where the plaintiff wins automatically, potentially resulting in wage garnishment or bank levies, as you forfeit your right to defend yourself. The court can then use alternative service methods, like publishing notice in a newspaper or serving a relative, and your evasion may even lead to added costs or contempt of court charges.
Can you settle after being served?
It's best to use an attorney to assist you with responding to a lawsuit from a creditor. And once you've been served, you still have the opportunity to settle a debt after a summons.
Do summons go on your record?
A summons is not a warning or a minor matter— the charge still appears on your record, can carry penalties, and may require later fingerprinting if the offense is fingerprintable.
What happens if I miss my summons date?
If you do not respond to a summons on or before the scheduled hearing date, you will receive a decision in the mail that finds you "in violation" of the charge by default and you may have to pay a higher fine.
What happens when you've been summoned?
When you're summoned to come to court, that is basically your notice that a criminal case has been filed against you. And, you're usually served with a summons by a Constable or you may receive the summons in the mail, certified mail. You will go to—you will be directed to go to the court.
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.
Is my life ruined if I get a misdemeanor?
A misdemeanor won't necessarily ruin your life, but it can have significant, long-lasting impacts on employment, housing, education, and professional licensing, though these effects often lessen over time and can sometimes be expunged or sealed. While it's not as severe as a felony, a conviction creates a criminal record that can show up on background checks, making it harder to get certain jobs or loans, but many employers overlook misdemeanors, especially after several years or if the conviction is expunged.
What is the lowest criminal charge?
The lowest criminal charge is typically an infraction, also called a petty offense, which is less serious than a misdemeanor and generally results only in fines, not jail time, with common examples being traffic violations like speeding tickets. Some states have even lower "noncriminal" violations (like petty misdemeanors or summary offenses) for minor infractions such as jaywalking or minor code violations, which don't always create a formal criminal record.
What is stage 3 in court?
The purpose of a Stage 3 hearing is for a judge to decide on the quantum of damages. Whilst a judge can do this on the papers, it is more common for a barrister to be instructed for each party, in order to make submissions as to the value of the claim.
What are the 4 stages of a crime?
The Indian Penal Code, 1860 (hereinafter referred as IPC) like other penal laws, recognizes that a pre-planned act passes through four successive stages which are: (i) Intention to commit offence; 2. (ii) Preparation to commit offence; (iii) Attempt to commit offence; and (iv) Commission of the offence.
What is the first stage of a criminal trial?
An arraignment hearing in California marks the initial formal court step in a criminal case, held after an arrest has been made. Essentially, this stage is where: The court will inform the defendant of their Constitutional rights. The defendant will be informed of the charges brought against them.