You've Been Sued: How to Respond to a Lawsuit in the US

Filing an answer, defences, and counterclaims under the Federal Rules of Civil Procedure

A process server has just handed you a stack of papers. Or you found them taped to your door. Or they arrived by mail. Either way, you are now a defendant in a civil lawsuit. The papers include a summons and a complaint. The summons tells you that you have been sued and that you must respond within a specified time. The complaint tells you what the plaintiff is accusing you of and what they want from you.

This is serious. But it is also manageable — if you understand the deadlines, your options, and the consequences of doing nothing.

The 21-Day Clock

Under Rule 12(a)(1)(A) of the Federal Rules of Civil Procedure (FRCP), a defendant in federal court must serve an answer within 21 days after being served with the summons and complaint. This deadline is strict.

If you waived formal service under Rule 4(d) (which saves the plaintiff the cost of hiring a process server), you get more time: 60 days from when the waiver request was sent, or 90 days if you are outside the United States.

If the United States government or a federal agency is the defendant, the deadline is 60 days.

State courts have different deadlines. In California, you typically have 30 days. In New York, 20 or 30 days depending on how you were served. In Texas, the deadline can be as short as the Monday after 20 days from service. Always check the local rules for your specific court.

The 21-day clock runs from the date of service — the date you were personally served, or the date service was deemed effective under the applicable rules. If you are unsure when you were served, figure it out immediately. This deadline is not negotiable.

Your Three Options

When you receive a lawsuit, you have three choices. The first two are actions. The third is a mistake.

Option 1: File an Answer

An answer is your formal, written response to the complaint. It goes through the complaint paragraph by paragraph and responds to each allegation. For each allegation, you must do one of three things:

• Admit — you agree the allegation is true
• Deny — you dispute the allegation
• State that you lack sufficient knowledge to admit or deny — which has the effect of a denial

Under Rule 8(b) of the FRCP, a denial must fairly respond to the substance of the allegation. You cannot simply deny everything in a blanket statement (though many defendants try). If an allegation is partly true and partly false, admit the true part and deny the rest.

Affirmative defences. Your answer must also include any affirmative defences you intend to raise. An affirmative defence is a legal reason why you should win even if the plaintiff's allegations are true. Common affirmative defences include the statute of limitations (the claim was filed too late), waiver, estoppel, res judicata (the claim was already decided in a prior case), failure to mitigate damages, contributory negligence, accord and satisfaction, and many others.

Under Rule 8(c), affirmative defences must be raised in the answer or they may be waived. This is critical. If you forget to plead the statute of limitations in your answer, you may not be able to raise it later.

Counterclaims. If you have a claim against the plaintiff arising from the same transaction or occurrence, you must assert it as a compulsory counterclaim under Rule 13(a). If you do not, you lose the right to bring it in a separate lawsuit. If you have a claim against the plaintiff arising from a different transaction, you may assert it as a permissive counterclaim under Rule 13(b).

Option 2: File a Motion to Dismiss

Instead of filing an answer, you may file a pre-answer motion to dismiss under Rule 12(b). This motion argues that the case should be thrown out before you even have to respond to the allegations. Grounds for dismissal include:

• Lack of subject-matter jurisdiction (Rule 12(b)(1)) — the court does not have authority to hear this type of case
• Lack of personal jurisdiction (Rule 12(b)(2)) — the court does not have authority over you
• Improper venue (Rule 12(b)(3)) — the case was filed in the wrong court
• Insufficient process (Rule 12(b)(4)) — the summons was defective
• Insufficient service of process (Rule 12(b)(5)) — you were not properly served
• Failure to state a claim (Rule 12(b)(6)) — even if everything in the complaint is true, it does not amount to a legal claim
• Failure to join a required party (Rule 12(b)(7)) — a necessary party is missing

The most powerful and most commonly litigated of these is Rule 12(b)(6): failure to state a claim upon which relief can be granted. Under the Supreme Court's decisions in Bell Atlantic Corp v Twombly, 550 U.S. 544 (2007), and Ashcroft v Iqbal, 556 U.S. 662 (2009), a complaint must contain sufficient factual matter, accepted as true, to state a claim that is plausible on its face. If the complaint is conclusory — meaning it asserts legal conclusions without supporting facts — it is vulnerable to a 12(b)(6) motion.

Filing a motion to dismiss pauses the answer clock. If your motion is denied, you have 14 days after notice of the court's decision to file your answer.

Warning: some defences are waived if not raised in your first response. Under Rule 12(h)(1), defences based on lack of personal jurisdiction, improper venue, insufficient process, or insufficient service are waived if not included in your first responsive pleading or motion. Consolidate all your arguments early.

Option 3: Do Nothing (This Is a Mistake)

If you do not respond to the complaint within the deadline, the plaintiff can ask the court to enter a default judgment against you under Rule 55. A default judgment means the plaintiff wins without a trial. The court may award damages, and you will have a judgment on record against you that can be enforced through garnishment of wages, seizure of property, or liens on your assets.

Setting aside a default judgment is possible under Rule 60(b), but it requires showing both excusable neglect (a good reason for missing the deadline) and a meritorious defence (a real argument that you would have won). This is a much harder path than simply answering on time.

Practical Guidance for Pro Se Defendants

If you are representing yourself (pro se), the process is the same — the court holds you to the same deadlines and procedural requirements as a represented party. However, courts do construe pro se filings liberally, meaning they will interpret your documents reasonably even if the language is not technically perfect.

Get the local rules. Every federal district court has local rules that supplement the FRCP. These rules cover formatting requirements (font size, margins, page limits), filing procedures (electronic vs. paper), and local practices. They are available on the court's website. Failure to comply with local rules can result in your filing being rejected.

File electronically if required. Most federal courts use the CM/ECF system for electronic filing. If you are a pro se litigant, you may need to register for an account or file in paper — check your court's procedures.

Keep copies of everything. Keep copies of every document you file and every document you receive. Organise them chronologically. You will need them.

Request an extension if you need one. If 21 days is not enough time to prepare your answer, file a motion for an extension of time under Rule 6(b). Courts routinely grant short extensions (typically 14–30 additional days) for first-time requests, particularly to pro se defendants. But file the motion before the deadline expires.

After the Answer: What Comes Next

Once the pleading stage is complete (complaint, answer, any replies to counterclaims), the case moves into discovery — the process by which both sides exchange information and evidence. Discovery includes interrogatories (written questions), requests for production of documents, depositions (sworn testimony), and requests for admission.

Discovery is often the most expensive and time-consuming phase of litigation. It is also the phase where the facts of the case become clear and settlement becomes most likely. More than 95% of federal civil cases settle before trial.

State Courts: Different Rules, Same Principles

If you have been sued in state court rather than federal court, the procedure is similar in structure but different in detail. Each state has its own rules of civil procedure, and the deadlines, filing requirements, and available defences vary. A few examples of how state deadlines differ from the federal 21-day rule:

In California, the Code of Civil Procedure generally allows 30 days to file a responsive pleading after service. In New York, the CPLR provides 20 days if served personally within the state, or 30 days if served by other methods. In Texas, the answer is generally due by 10:00 AM on the Monday following 20 days after service.

State courts also have their own equivalents to the federal Rule 12(b) motion to dismiss. In New York, this is a CPLR 3211 motion. In California, it is a demurrer under Code of Civil Procedure section 430.10. The grounds are broadly similar, but the specific procedures and standards differ.

Always check your specific court's local rules. Many courts maintain self-help sections on their websites with guides for unrepresented parties.

The Cost of Doing Nothing

It is worth restating: do not ignore a lawsuit. The consequences of default judgment are severe. A default judgment can result in wage garnishment, bank account levies, property liens, and damage to your credit. In some states, a judgment remains enforceable for 10 to 20 years and can be renewed.

If you genuinely cannot afford a lawyer, look into legal aid options. The Legal Services Corporation (LSC) funds legal aid programs across the country. Many law schools operate free legal clinics. Some bar associations maintain pro bono referral panels for defendants who cannot afford representation. A free consultation — even a brief one — can help you understand your options and avoid the catastrophic consequences of default.

This article is published by CommonBench for informational purposes only and does not constitute legal advice. If you have been sued and need to research the law, understand your defences, or prepare your answer, try CommonBench — AI-powered legal research tools for people who need to understand the law quickly and clearly.